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Procedure : 2015/0278(COD)
Document stages in plenary
Document selected : A8-0188/2017

Texts tabled :

A8-0188/2017

Debates :

PV 13/09/2017 - 16
CRE 13/09/2017 - 16

Votes :

PV 14/09/2017 - 8.1
CRE 14/09/2017 - 8.1

Texts adopted :

P8_TA(2017)0347

Texts adopted
PDF 911kWORD 161k
Thursday, 14 September 2017 - Strasbourg Final edition
Accessibility requirements for products and services ***I
P8_TA(2017)0347A8-0188/2017

Amendments adopted by the European Parliament on 14 September 2017 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 (COM(2015)0615 – C8-0387/2015 – 2015/0278(COD)) (1) (Ordinary legislative procedure: first reading)
Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, and in particular to Article 26 thereof,
Amendment 2
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 availibility of accessible products and services on the internal market.
(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 and by eliminating barriers to the free movement of certain accessible products and services. This will increase the availability, and improve the accessibility and practicality, of information on accessible products and services in the internal market.
Amendment 3
Proposal for a directive
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 facilitates independent living.
(2)  The demand for accessible products and services is high and the number of persons with functional limitations, including persons with disabilities within the meaning of Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (“the Convention”), will increase significantly with the ageing of the Union’s population. An environment where products and services are more accessible allows for a more inclusive society and is a prerequisite for independent living.
Amendment 4
Proposal for a directive
Recital 2 a (new)
(2a)  “Universal accessibility”, “design for all” and “gender-perspective” should be ensured in products, tools, devices and services in order for them to be commonly used by persons with disabilities.
Amendment 5
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 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.
(3)  The disparities between the laws and administrative measures adopted by the Member States in relation to the accessibility of some products and services for persons with functional limitations, including persons with disabilities, create barriers to their free movement and distort effective competition in the internal market. For other products, disparities are likely to increase due to the entry into force of the Convention. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 6
Proposal for a directive
Recital 5
(5)  Consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments.
(5)  Consumers of accessible products, and in particular of assistive technologies, and recipients of accessible services are faced with high prices due to limited competition among suppliers. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments.
Amendment 7
Proposal for a directive
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 , 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 .
(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, and free movement of persons, including persons with disabilities , as well as to help economic operators to concentrate resources on innovation instead of using those resources for covering expenses arising from fragmented legislation .
Amendment 8
Proposal for a directive
Recital 8 a (new)
(8a)  Article 10 of the Treaty on the Functioning of the European Union (TFEU) requires the Union to combat discrimination based on disability when defining and implementing its policies and activities. Article 19 TFEU gives the Union the power to adopt legal acts to combat such discrimination.
Amendment 9
Proposal for a directive
Recital 9
(9)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter of Fundamental Rights of the European Union.
(9)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities, and older persons, to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Articles 21, 25 and 26 of the Charter of Fundamental Rights of the European Union.
Amendment 250
Proposal for a directive
Recital 9 a (new)
(9a)   Better accessibility to products and services will improve the lives not only of persons with disabilities but also of persons with other permanent or temporary functional limitations, such as elderly persons, pregnant women and persons travelling with luggage. Therefore, it is essential that this Directive includes persons with disabilities as well as persons with temporary or permanent functional limitations, in order to ensure genuine benefits and an independent life for a wider portion of society.
Amendment 11
Proposal for a directive
Recital 9 b (new)
(9b)  The prevalence of disability in the Union is higher among women than among men. Women with disabilities are faced with multiple forms of discrimination and face substantial obstacles to the proper enjoyment of their basic rights and freedoms. These include physical, emotional, sexual, economic and institutional violence. They also include discrimination in access to education and employment, which can lead to social isolation and psychological trauma. Women are also disproportionately affected by disability as carers of family members with disabilities and experience discrimination by association more frequently than men. In view of the above, action is needed to ensure equal treatment and positive measures and policies for women with disabilities and mothers of children with disabilities is a fundamental human right and an ethical obligation.
Amendment 12
Proposal for a directive
Recital 10
(10)  The overall aim of the 'Digital Single Market Strategy', is to deliver sustainable economic and social benefits from a connected digital single market. Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens regardless of their abilities can enjoy its benefits.
(10)  The overall aim of the 'Digital Single Market Strategy', is to deliver sustainable economic and social benefits from a connected digital single market, facilitating trade and promoting employment within the Union . Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens regardless of their abilities can enjoy its benefits.
Amendment 13
Proposal for a directive
Recital 12 a (new)
(12a)   Article 4 of the Convention calls on State Parties to undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities. The Convention also calls for priority to be given to affordable technologies.
Amendment 232
Proposal for a directive
Recital 12 b (new)
(12b)  In the rail transport sector, Directive (EU) 2016/797 of the European Parliament and of the Council 1a and Commission Regulation (EU) No 1300/2014 1b (PRM TSI) explicitly refer to, and implement, the accessibility requirements set out in Article 9 of the Convention. Accordingly, accessibility for persons with disabilities and persons with reduced mobility in the rail transport sector is regulated under those instruments. In order to ensure consistency between Directive (EU) 2016/797 and Commission Regulation (EU) No 1300/2014, on the one hand, and this Directive on the other, any future revision of the PRM TSI should also take into account the accessibility requirements resulting from the European Accessibility Act.
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la Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
lb Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110)
Amendment 233
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 which without Union action would further increase disparities between national provisions.
(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 on the built environment related to the provision of goods and services which without Union action would further increase disparities between national provisions.
Amendment 14
Proposal for a directive
Recital 13 a (new)
(13a)   In addition to the requirements laid down in this Directive, efforts should be made to implement and enforce Union legislation on the rights of passengers using air, rail, bus and inland-waterway transport. Such efforts should focus on intermodal aspects with a view to promoting barrier-free accessibility, including facets such as infrastructure and transportation vehicles.
Amendment 15
Proposal for a directive
Recital 13 b (new)
(13b)  The Commission should encourage urban authorities to integrate barrier-free accessibility to urban transport services in their Sustainable urban Mobility Plans (SUMPs), as well as to regularly publish lists of best practices regarding barrier-free accessibility to urban public transport and mobility.
Amendment 16
Proposal for a directive
Recital 15
(15)  The European Disability Strategy 2010-2020 – A Renewed Commitment to a Barrier-Free Europe33 – in line with the Convention, establishes accessibility as one of the eight areas of action, and aims at ensuring accessibility of products and services.
(15)  The communication of the Commission of 15 November 2010 European Disability Strategy 2010-2020 – A Renewed Commitment to a Barrier-Free Europe – in line with the Convention, establishes accessibility, which is a basic precondition for participation in society, as one of the eight areas of action, and aims to ensure the accessibility of products and services.
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33 COM(2010) 636.
Amendment 17
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, including persons with disabilities and older persons , for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
(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 disabilities, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 227
Proposal for a directive
Recital 16 a (new)
(16a)  Directive 2010/13/EU of the European Parliament and of the Council 1a imposes a number of obligations on providers of audiovisual media services. It is therefore more appropriate to include accessibility requirements in that Directive.
However, as regards websites and mobile-based services, Directive 2010/13/EU only covers audiovisual media content. It is therefore appropriate to include the architecture of the websites and mobile-based services and all content not falling within the scope of Directive 2010/13/EU within the scope of this Directive.
This Directive should cover accessibility requirements for telephony services equipment and websites. This Directive should also cover accessibility requirements for telephony services unless they are addressed in another Union legal act providing at least the same level of protection as provided in this Directive. In the latter case, the Union legal act concerned should prevail over this Directive.
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1a Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (OJ L 95, 15.04.2010, p. 1).
Amendment 19
Proposal for a directive
Recital 17
(17)  Each product and service 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.
(17)  Each product and service falling within the scope of this Directive and placed on the market after the date of application of this Directive should comply with the accessibility requirements set out in Article 3 and listed in Annex I to be accessible for persons with disabilities. The e-commerce accessibility obligations also apply to the online sale of services under points (a) to (e) of Article 1(2) of this Directive.
Amendment 20
Proposal for a directive
Recital 17 a (new)
(17a)  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 service providers should comply with the obligations set out in this Directive. Service providers should also ensure proper and continuous training of their personnel in order to ensure that they are knowledgeable about how to use accessible products and services. That training should cover issues such as information provision, advice and advertising.
Amendment 21
Proposal for a directive
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.
(18)  On the one hand, it is necessary to introduce the accessibility requirements in the most effective and 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 and which are placed on the market after the date of application of this Directive . On the other hand, it is necessary to enable economic operators to implement the accessibility requirements set out in this Directive efficiently, in particular by taking into account the lifetime of self-service terminals, ticketing machines and check-in machines. Also, the specific position of SMEs in the internal market should be taken into account. Additionally, microenterprises, due to their size, resources and nature, should not be required to comply with the accessibility requirements set out in this Directive or be obliged to use the procedure laid down in Article 12 in order to be exempted from the obligations of this Directive .
Amendment 22
Proposal for a directive
Recital 20 a (new)
(20a)  In order to ensure a better functioning of the internal market, national authorities should make use of the accessibility requirements set out in this Directive when applying the accessibility-related provisions in the Union legal acts referred to in this Directive. This Directive should however not change the compulsory or voluntary nature of the provisions in those other Union legal acts. This Directive should thus ensure that when accessibility requirements are used in accordance with those other acts, those requirements are the same across the Union.
Amendment 23
Proposal for a directive
Recital 21
(21)  The Commission’s proposal for a Directive 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 establish 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. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websites . Activities of ecommerce of public sector websites not covered by that Directive, fall under the scope of this proposal , 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.
(21)   Directive (EU) 2016/2102 of the European Parliament and of the Council34 includes accessibility requirements for websites and mobile applications of public sector bodies . However, that Directive contains a specific list of exceptions because making certain content of websites and mobile applications and certain types of websites and mobile applications fully accessible creates a disproportionate burden. In addition, it establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements set out 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 Directive (EU) 2016/2102 . Activities of ecommerce of websites and mobile applications of public sector bodies not covered by that Directive, fall within the scope of this Directive , in order to ensure that the online sale of products and services is accessible for persons with disabilities, irrespective of their public or private sale.
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34 Proposal for a Directive of the European Parliament and of the Council on the accessibility of public sector bodies' websites COM(2012) 721 .
34 Directive (EU) 2016/2102 of the European Parliament and of the Council of of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1) .
Amendment 24
Proposal for a directive
Recital 22 a (new)
(22a)  Certain elements of the accessibility requirements laid down by this Directive, particularly those set out in Annex I relating to the provision of information, are already covered by existing legislative acts of the Union in the area of transport. Those acts include Regulation (EC) No 1371/2007 of the European Parliament and of the Council 1a and Commission Regulation (EU) No 1300/2014 1b and Commission Regulation (EU) No 454/2011 1c as regards rail transport; Regulation (EU) No 181/2011 of the European Parliament and of the Council 1d as regards bus and coach transport; and Regulation (EU) No 1177/2010 of the European Parliament and of the Council 1e as regards maritime transport. To ensure regulatory consistency and predictability for the economic operators covered by those acts, the relevant requirements under this Directive should be deemed to have been complied with where the relevant parts of those acts are complied with. However, when the accessibility requirements are not covered by those acts, for example the requirement to make websites of airlines accessible, this Directive should apply.
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1a Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
1b Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).
1c Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system (OJ L 123, 12.5.2011, p. 11).
1d Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).
1e Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).
Amendment 25
Proposal for a directive
Recital 22 b (new)
(22b)  This Directive is intended to complement existing sectorial Union legislation by covering aspects not yet covered by that legislation.
Amendment 26
Proposal for a directive
Recital 22 c (new)
(22c)  The determination of the scope of this Directive with regard to air, bus, rail and waterborne passenger transport services should be based on the existing sectorial legislation relating to passenger rights. Where this Directive does not apply to certain types of transport services, Member States should be able to encourage service providers to apply the relevant accessibility requirements provided for in this Directive.
Amendments 223 and 228
Proposal for a directive
Recital 23
(23)  In some situations, common accessibility requirements of the built environment would 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.
(23)  In some situations, accessibility of the built environment is a precondition for the proper enjoyment of the related services by persons with disabilities. Therefore, this Directive should oblige 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 out in Annex X. However, accessibility requirements should only be applicable when constructing new infrastructure or when undertaking substantial renovations.
Amendment 28
Proposal for a directive
Recital 23 a (new)
(23a)   It is not necessary for this Directive to amend existing Union law that provides for voluntary compliance with accessibility requirements.
Amendment 29
Proposal for a directive
Recital 24
(24)  It is necessary to provide that, for legislative acts of the Union establishing accessibility obligations without providing accessibility requirements or specifications, accessibility is defined by reference to the accessibility requirements of this Directive. That is the case of Directive 2014/23/EU of the European Parliament and of the Council35 , Directive 2014/24/EU of the European Parliament and of the Council36 , and Directive 2014/25/EU of the European Parliament and of the Council,37 which require that technical specifications and technical or functional requirements of the concessions, works or services falling within their scope take into account accessibility criteria for persons with disabilities or "design for all" users.
(24)  It is necessary to provide that, for legislative acts of the Union establishing accessibility obligations without providing accessibility requirements or specifications, accessibility is defined by reference to the accessibility requirements of this Directive. Those acts include Directive 2014/23/EU of the European Parliament and of the Council35 , Directive 2014/24/EU of the European Parliament and of the Council36 , and Directive 2014/25/EU of the European Parliament and of the Council37 , which require that technical specifications and technical or functional requirements of the concessions, works or services falling within their scope take into account accessibility criteria for persons with disabilities or "design for all" users.
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35 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).
35 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).
36 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65°.
36 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65) .
37 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 and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
37 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 and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 30
Proposal for a directive
Recital 24 a (new)
(24a)  The obligation to ensure accessibility of the transport infrastructure on the Trans-European Transport Network is established in Regulation (EU) No 1315/2013 of the European Parliament and of the Council 1a . The accessibility requirements provided for in this Directive should also apply to certain elements of the transport infrastructure regulated by that Regulation, to the extent that the products and services covered by this Directive are concerned and the infrastructure and the built environment related to those services are intended to be used by passengers.
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1a Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
Amendment 31
Proposal for a directive
Recital 24 b (new)
(24b)  It is not, however, appropriate for this Directive to 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 they are deemed to be linked to the subject matter of the procurement in question, it is possible for potential social aspects to be included. This Directive should therefore 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 32
Proposal for a directive
Recital 25
(25)  Accessibility should be achieved by the removal and prevention of barriers, preferably through a universal design or "design for all" approach. Accessibility should not exclude the provision of reasonable accommodation when requested by national or Union law.
(25)  Accessibility should be achieved by the removal and prevention of barriers, preferably through a universal design or "design for all" approach. According to the Convention, that approach "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 specialized design". In line with the Convention, "'Universal design' is not to exclude assistive devices for particular groups of persons with disabilities where this is needed". Accessibility should not exclude the provision of reasonable accommodation when requested by national or Union law.
Amendment 33
Proposal for a directive
Recital 25 a (new)
(25a)  The fact that a product or a service falls within the scope of this Directive does not automatically mean that it falls within the scope of Council Directive 93/42/EEC 1a .
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1a Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12.7.1993, p. 1).
Amendment 34
Proposal for a directive
Recital 25 b (new)
(25b)  When identifying and classifying those needs of persons with disabilities that the product or service is intended to meet, the principle of universal design should be interpreted in accordance with the UN Committee on the Rights of Persons with Disabilities General Comment No. 2(2014) on Article 9 of the Convention.
Amendment 35
Proposal for a directive
Recital 27
(27)  This Directive should be based on Decision No 768/2008/EC of the European Parliament and of the Council38 as it concerns products already subject to other Union acts, this way ensuring the consistency of Union legislation.
(27)  This Directive should be based on Decision No 768/2008/EC of the European Parliament and of the Council38 as it concerns products already subject to other Union acts, this way ensuring the consistency of Union legislation. However, it is not appropriate for this Directive to include the safety-related provisions of that Decision, such as those relating to recalls, since a non-accessible product is not a dangerous product.
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38 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.08.2008, p. 82).
38 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.08.2008, p. 82).
Amendment 36
Proposal for a directive
Recital 28
(28)  All economic operators intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process.
(28)  All economic operators falling within the scope of this Directive and intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process.
Amendment 37
Proposal for a directive
Recital 29
(29)  Economic operators should be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of accessibility and to guarantee fair competition on the Union market.
(29)  Economic operators should be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to achieve improved accessibility and to guarantee fair competition on the Union market.
Amendment 38
Proposal for a directive
Recital 30
(30)  The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure . The obligations for conformity assessment should rest with the manufacturer.
(30)  The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment. However, the responsibility for that assessment should not rest solely with the manufacturer. A strengthened market surveillance authority could play a crucial role in the assessment procedure.
Amendment 39
Proposal for a directive
Recital 32
(32)  Importers should ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products.
(32)  Importers should ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive, providing all the necessary information to the relevant market surveillance authority to enable appropriate conformity assessment procedures to be carried out with regard to those products.
Amendment 40
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.
(36)  For reasons of proportionality, accessibility requirements should 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. Control mechanisms nevertheless have to be in place in order to verify entitlement to exceptions to the applicability of accessibility requirements.
Amendment 41
Proposal for a directive
Recital 36 a (new)
(36a)   When assessing whether compliance with accessibility requirements imposes a disproportionate burden on the economic operators, account should be taken of the size, resources and nature of those economic operators and their estimated costs and benefits of compliance compared to the estimated benefit for persons with disabilities. That cost-benefit analysis should take into account inter alia the frequency and duration of use of the specific product or service, including the estimated number of persons with disabilities using the specific product or service, the life span of the infrastructure and products used in the provision of a service and the extent of alternatives that are available free of charge, including from passenger transport service providers. When assessing whether compliance with accessibility requirements imposes a disproportionate burden, only legitimate reasons should be taken into consideration. Lack of priority, time or knowledge should not be considered to be legitimate reasons.
Amendment 42
Proposal for a directive
Recital 39
(39)  In order to facilitate conformity assessment with applicable requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council39 for the purpose of expressing detailed technical specifications of those requirements. The Commission has already issued a number of standardisation requests to the European standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards.
(39)  In order to facilitate conformity assessment with applicable accessibility requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council39 for the purpose of expressing detailed technical specifications of those requirements. The Commission has already issued a number of standardisation requests to the European standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards.
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39 Regulation (EU) No 1025/2012 of 25 October 2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
39 Regulation (EU) No 1025/2012 of 25 October 2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
Amendment 43
Proposal for a directive
Recital 39 a (new)
(39a)  Regulation (EU) No 1025/2012 provides for a procedure for formal objections to harmonised standards that are considered not to comply with the requirements of this Directive.
Amendment 44
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 implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
(40)  European standards should be market-driven, take into account the public interest, as well as the policy objectives clearly stated in the Commission’s request to one or more European standardisation organisations to draft harmonised standards, and be based on consensus. Recourse to technical specifications should therefore only be a last resort. The Commission should be able to adopt technical specifications for instance when the standardisation process is blocked due to a lack of consensus between stakeholders, creating undue delays in the establishment of a requirement which would, without the adoption of an appropriate standard, be impossible to implement, such as interoperability. The Commission should leave enough time between the adoption of a request to one or more European standardisation organisations to draft harmonised standards and the adoption of a technical specification related to the same accessibility requirement. The Commission should not be allowed to adopt a technical specification if it has not previously tried to have the accessibility requirements covered through the European standardisation system. The Commission should not use the procedure for adoption of technical specifications to circumvent the European standardisation system.
Amendment 45
Proposal for a directive
Recital 40 a (new)
(40a)  With a view to establishing harmonised standards and technical specifications that meet the accessibility requirements set out in this Directive for the products and services in the most efficient way, the Commission should, where this is feasible, involve European umbrella organisations of persons with disabilities and all other relevant stakeholders in the decision making process.
Amendment 46
Proposal for a directive
Recital 42 a (new)
(42a)  When carrying out market surveillance of products, market surveillance authorities should review the assessment in cooperation with persons with disabilities and the organisations that represent them and their interests.
Amendment 47
Proposal for a directive
Recital 44
(44)  The CE marking, indicating the conformity of a product with the accessibility requirements of this Directive, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This Directive should follow the general principles governing the CE marking of Regulation (EC) No 765/2008 of the European Parliament and of the Council40 setting out the requirements for accreditation and market surveillance relating to the marketing of products.
(44)  This Directive should follow the general principles of Regulation (EC) No 765/2008 of the European Parliament and of the Council40 setting out the requirements for accreditation and market surveillance relating to the marketing of products. In addition to the declaration of conformity, the manufacturer should inform consumers in a cost-effective manner about the accessibility of their products by including a notice on the packaging.
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40 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.08.2008, p. 30).
40 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.08.2008, p. 30).
Amendment 48
Proposal for a directive
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 .
(45)  The non-compliance of a product with the accessibility requirements set out in Article 3 should not per se constitute a serious risk within the meaning of Article 20 of Regulation (EC) No 765/2008 .
Amendment 49
Proposal for a directive
Recital 48
(48)  Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12 (3) in accordance with Chapter V.
(48)  Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12(3) in accordance with Chapter V and that they hold regular consultations with organisations representing persons with disabilities .
Amendment 50
Proposal for a directive
Recital 48 a (new)
(48a)  National databases containing all relevant information on the degree of accessibility of the products and services listed in this Directive would allow better inclusion of persons with disabilities, and their organisations in the market surveillance.
Amendment 51
Proposal for a directive
Recital 49
(49)  Member States are expected to ensure that competent authorities indicated in Article 22 notify the Commission of the use of the exceptions referred to in Article 22 (1) as well as include the assessment referred to in paragraph (2) in accordance with Chapter VI .
(49)   Member States should ensure that competent authorities notify the Commission of the use of the exceptions laid down in Article 22. The initial assessment performed by the competent authorities concerned should be submitted to the Commission upon its request. When assessing whether compliance with accessibility requirements imposes a disproportionate burden on the competent authorities, account should be taken of the size, resources and nature of those competent authorities and the estimated costs and benefits of compliance compared to the estimated benefit for persons with disabilities. That cost-benefit analysis should take into account inter alia the frequency and duration of use of the specific product or service, including the estimated number of persons with disabilities using the specific product or service, the life span of the infrastructure and products used in the provision of a service and the extent of alternatives that are available free of charge, including from passenger transport service providers. When assessing whether compliance with accessibility requirements imposes a disproportionate burden, only legitimate reasons should be taken into consideration. Lack of priority, time or knowledge should not be considered to be legitimate reasons.
Amendment 52
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 the relevant economic operators, to act at an earlier stage in respect of such products.
(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, as well as with the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 53
Proposal for a directive
Recital 51 a (new)
(51a)  In order to ensure the proper application of the proportionality principle with regard to the obligations concerning the identification of economic operators and the criteria to be used when assessing whether compliance with an obligation under this Directive would impose a disproportionate burden, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to define the period during which economic operators have to be able to identify any economic operator who has supplied them with a product or to whom they have supplied a product and to further specify the criteria that are to be taken into account for all products and services covered by this Directive when assessing whether the burden is to be considered disproportionate, without modifying those criteria. That period should be specified in proportion to the life cycle of the product. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 1a . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
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1a OJ L 123, 12.5.2016, p. 1.
Amendment 54
Proposal for a directive
Recital 51 b (new)
(51b)  Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and thus establish appropriate control mechanisms, such as a posteriori control by the market surveillance authorities, in order to verify that the exemption from the accessibility requirements application is justified. When dealing with complaints related to accessibility, Member States should comply with the general principle of good administration, and in particular with the obligation of officials to ensure that a decision on each complaint is taken within a reasonable time-limit.
Amendment 55
Proposal for a directive
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 of this Directive relating to enforcement and penalties. Such exclusion is without prejudice to the obligations of Member States under the Treaties to take all measures necessary to guarantee the application and effectiveness of Union law.
Amendment 56
Proposal for a directive
Recital 53 a (new)
(53a)  The accessibility requirements under this Directive should apply to products placed on the Union market after the date of application of the national measures transposing this Directive, including used and second-hand products imported from a third country and placed on the Union market after that date.
Amendment 57
Proposal for a directive
Recital 53 b (new)
(53b)  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 performed in accordance with the accessibility requirements, if any, specified in those public contracts.
Amendment 58
Proposal for a directive
Recital 53 c (new)
(53c)  In order to give service providers sufficient time to adapt to the requirements laid down in this Directive, it is necessary to provide for a transitional period, during which products used for the provision of a service do not need to comply with the accessibility requirements laid down in this Directive. 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 machines are used in the provision of services, they may continue to be used until the end of their economically useful life.
Amendment 59
Proposal for a directive
Recital 54 a (new)
(54a)  The deployment of applications providing information based on spatial data services contributes to the independent and safe movement of persons with disabilities. The spatial data used by such applications should make it possible to provide information adapted to the specific needs of persons with disabilities.
Amendment 60
Proposal for a directive
Article - 1 (new)
Article -1
Subject matter
This Directive aims to eliminate and prevent barriers arising from divergent requirements for accessibility to the free movement of products and services covered by this Directive in the Member States. It also aims to contribute to the proper functioning of the internal market by approximating the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for certain products and services.
Amendment 61
Proposal for a directive
Article 1 – paragraph 1 – introductory part
1.  Chapters I, II to V, and VII apply to the following products:
1.  Chapters I, II to V, and VII apply to the following products placed on the Union market after ... [the date of application of this Directive] :
Amendment 62
Proposal for a directive
Article 1 – paragraph 1 – point a
(a)  general purpose computer hardware and operating systems;
(a)  general purpose computer hardware and its embedded operating systems intended for use by consumers ;
Amendment 63
Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)
(iiia)  payment terminals;
Amendment 64
Proposal for a directive
Article 1 – paragraph 1 – point c
(c)  consumer terminal equipment with advanced computing capability related to telephony services;
(c)  consumer terminal equipment related to telephony services;
Amendment 65
Proposal for a directive
Article 1 – paragraph 1 – point d
(d)  consumer terminal equipment with advanced computing capability related to audio- visual media services.
(d)  consumer terminal equipment related to audiovisual media services;
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
(da)  e-book readers.
Amendment 67
Proposal for a directive
Article 1 – paragraph 2 – introductory part
2.  Chapters I, II to V, and VII, apply to the following services:
2.  Without prejudice to Article 27, Chapters I, II to V, and VII, apply to the following services provided after ... [the date of application of this Directive] :
Amendment 68
Proposal for a directive
Article 1 – paragraph 2 – point -a (new)
(-a)  operating systems when they are not embedded in the computer hardware and are provided as intangible property to consumers;
Amendment 69
Proposal for a directive
Article 1 – paragraph 2 – point a
(a)  telephony services and related consumer terminal equipment with advanced computing capability ;
(a)  telephony services and related consumer terminal equipment;
Amendment 70
Proposal for a directive
Article 1 – paragraph 2 – point b
(b)  audiovisual media services and related consumer equipment with advanced computing capability ;
(b)  websites and mobile device-based services of audiovisual media services;
Amendments 235, 236, 237, 238, 239 and 253
Proposal for a directive
Article 1 – paragraph 2 – point c
(c)  air, bus, rail and waterborne passenger transport services;
(c)  air, bus, rail and waterborne passenger transport, mobility and their intermodal connection services, including public urban transport such as underground, rail, tramway, trolleybus and bus related to:
(i)  self-service terminals, located within the territory of the Union, including ticketing machines, payment terminals and check-in machines;
(ii)   websites, mobile device-based services, smart ticketing and real-time information;
(iii)   vehicles, the related infrastructure and the built environment, including step-free access on all public stations;
(iv)   fleets of taxis and hire cars include an adequate proportion of adapted vehicles.
Amendment 71
Proposal for a directive
Article 1 – paragraph 2 – point d
(d)  banking services;
(d)  consumer banking services;
Amendment 72
Proposal for a directive
Article 1 – paragraph 2 – point e
(e)  e-books;
(e)  e-books and related equipment used in the provision of those services provided by the service provider and access thereto ;
Amendment 240
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
(fa)   tourism services, including the provision of accommodation and catering.
Amendment 73
Proposal for a directive
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.
(a)  public contracts and concessions which are subject to Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU, conceived or granted after ... [the date of application of this Directive];
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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)
Amendment 74
Proposal for a directive
Article 1 – paragraph 3 – point b
(b)  the preparation and implementation of programmes under 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
(b)  the preparation and implementation of programmes under Regulation (EU) No 1303/2013 of the European Parliament and of the Council43 and Regulation (EU) No 1304/2013 of the European Parliament and of the Council44 , adopted or implemented after ... [the date of application of this Directive];
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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).
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.
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 (OJ L 347, 20.12.2013, p. 470) .
Amendment 75
Proposal for a directive
Article 1 – paragraph 3 – point c
(c)  tender procedures for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 of the European Parliament and of the Council. 45
(c)  public service contracts which, after .... [the date of application of this Directive], are awarded either through competitive tendering procedures or directly for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 of the European Parliament and of the Council45 ;
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45 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315 of 3.12.2007, p.1).
45 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1).
Amendment 76
Proposal for a directive
Article 1 – paragraph 3 – point d
(d)  transport infrastructure in accordance with Regulation (EU) No 1315/2013 of the European Parliament and of the Council. 46
(d)  transport infrastructure in accordance with Regulation (EU) No 1315/2013, designed or constructed after ... [the date of application of this Directive];
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46 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network (OJ L 348, 20.12.2013, p.1).
Amendment 79
Proposal for a directive
Article 1 – paragraph 3 a (new)
3a.  This Directive does not apply to the following content of websites and mobile device-based applications:
(a)  office file formats published before ... [the date of application of this Directive];
(b)  online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use;
(c)  third-party content that is neither funded nor developed by, nor under the control of, the economic operator or competent authority concerned;
(d)  content of websites and mobile device-based applications qualifying as archives, meaning that they only contain content that is not updated or edited after ... [the date of application of this Directive].
Amendment 80
Proposal for a directive
Article 1 a (new)
Article 1a
Exclusion of microenterprises
This Directive does not apply to microenterprises that manufacture, import or distribute products and services that fall within its scope.
Amendment 81
Proposal for a directive
Article 2 – paragraph 1 – point 1
(1)  “accessible products and services” are products and services that are perceptible , operable and understandable for persons with functional limitations, including persons with disabilities, on an equal basis with others ;
(1)  “accessible products and services” means products and services that are capable of being perceived , operated and understood by persons with disabilities and are sufficiently robust for them to use ;
Amendment 82
Proposal for a directive
Article 2 – paragraph 1 – 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 persons with disabilities where this is needed;
deleted
Amendment 83
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
(5a)  "service" means a service as defined in point 1 of Article 4 of Directive 2006/123/EC of the European Parliament and of the Council 1a ;
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1a Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 84
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
(5b)  "service provider" means any natural or legal person who offers or provides a service which is directed towards the Union market;
Amendment 85
Proposal for a directive
Article 2 – paragraph 1 – point 16 a (new)
(16a)  "SME" means a small or medium-sized enterprise as defined in Commission Recommendation 2003/361/EC 1a ;
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1a Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 86
Proposal for a directive
Article 2 – paragraph 1 – point 19
(19)  “recall” means any measure aiming at the return of a product that has already been made available to the end user;
deleted
Amendment 87
Proposal for a directive
Article 2 – paragraph 1 – point 20 a (new)
(20a)  "consumer banking services" means services enabling consumers to open and use payment accounts with basic features in the Union within the meaning of Directive 2014/92/EU of the European Parliament and of the Council 1a ;
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1a Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214).
Amendment 88
Proposal for a directive
Article 2 – paragraph 1 – point 21
(21)  “e-commerce” means the online sale of products and services.
(21)  “e-commerce” means the online sale of products and services from business to consumers falling within the scope of Directive 2000/31/EC of the European Parliament and of the Council 1a ;
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1a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).
Amendment 89
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
(21a)  "air passenger transport services" means services provided by air carriers, tour operators and the managing bodies of airports as defined in points (b) to (f) of Article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council 1a ;
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1a Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1).
Amendment 90
Proposal for a directive
Article 2 – paragraph 1 – point 21 b (new)
(21b)  "bus passenger transport services" means services covered by Article 2(1) and (2) of Regulation (EU) No 181/2011;
Amendment 91
Proposal for a directive
Article 2 – paragraph 1 – point 21 c (new)
(21c)  "rail passenger transport services" means all rail passenger services covered by Article 2(1) and (2) of Regulation (EC) No 1371/2007;
Amendment 92
Proposal for a directive
Article 2 – paragraph 1 – point 21 d (new)
(21d)  "waterborne passenger transport services" means passenger services covered by Article 2(1) of Regulation (EU) No 1177/2010.
Amendment 337
Proposal for a directive
Article 2 – paragraph 1 – point 21 e (new)
(21e)  "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, including persons with disabilities;
Amendment 93
Proposal for a directive
Article 3 – paragraph 3
3.  The following 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.
3.  The following self-service terminals: Automatic Teller Machines, ticketing machines, check-in machines and payment terminals shall comply with the requirements set out in Section II of Annex I.
Amendment 94
Proposal for a directive
Article 3 – paragraph 4
4.  Telephony services, including emergency services and the related consumer terminal equipment with advanced computing capability , shall comply with the requirements set out in Section III of Annex I.
4.  Telephony services, including emergency services and the related consumer terminal equipment, shall comply with the requirements set out in Section III of Annex I.
Amendment 95
Proposal for a directive
Article 3 – paragraph 5
5.  Audiovisual media services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in Section IV of Annex I.
5.  Websites and mobile device-based services of audiovisual media services and the related consumer equipment shall comply with the requirements set out in Section IV of Annex I.
Amendment 244
Proposal for a directive
Article 3 – paragraph 6
6.  Air, bus, rail and waterborne passenger transport services, the websites, the mobile device-based services, smart ticketing and real-time information and Self-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.
6.  Air, bus, coach, rail, shipping and intermodal passenger transport services, including services related to urban transport, mobility, and the built environment, the websites, the mobile device-based services, smart ticketing and real-time information and self-service terminals such as payment machines, check-in machines used for the provision of passenger transport services, services related to tourism, inter alia, accommodation services and catering service, shall meet the requirements of Section V of Annex I only if these requirements are not already covered by the following specific legislation: regarding rail transport, Regulation (EC) No 1371/2007, Regulation (EU) No 1300/2014 and Regulation (EU) No 454/2011; regarding bus and coach transport, Regulation (EU) No 181/2011; regarding maritime and inland waterway transport, Regulation (EU) No 1177/2010 ; and, regarding air transport, Regulation (EC) No 1107/2006 .
Amendment 97
Proposal for a directive
Article 3 – paragraph 7
7.  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.
7.  Consumer banking services, the websites, the mobile device-based banking services, self-service terminals, including payment terminals and Automatic Teller machines used for provision of those banking services shall comply with the requirements set out in Section VI of Annex I.
Amendment 98
Proposal for a directive
Article 3 – paragraph 8
8.  E-books shall comply with the requirements set out in Section VII of Annex I.
8.  E-books and related equipment shall comply with the requirements set out in Section VII of Annex I.
Amendment 224
Proposal for a directive
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 .
10.  Member States 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 consumer banking services, and customer services centres and shops under the scope of telephony operators shall, as regards the construction of new infrastructure or substantial renovations to existing infrastructure, comply with the accessibility requirements set out in Section X of Annex I , in order to maximise their use by persons with disabilities. This shall be without prejudice to Union legal acts and national legislation for the protection of national treasures possessing artistic, historic and archaeological value .
Amendment 100
Proposal for a directive
Article 4 – paragraph 1
Member States shall not impede the making available on the market in their territory of products and services that comply with this Directive for reasons related to accessibility requirements .
Member States shall not impede for reasons related to accessibility requirements the making available on the market in their territory of products that comply with this Directive. Member States shall not impede for reasons related to accessibility requirements the provision of services in their territory that comply with this Directive.
Amendment 101
Proposal for a directive
Article 5 – paragraph 1
1.  When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements set out in Article 3.
1.  When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements set out in Article 3, unless those requirements are not achievable because the adaptation of the product concerned would require a fundamental alteration of the basic nature of that product or would impose a disproportionate burden for the manufacturer concerned as provided for in Article 12 .
Amendment 102
Proposal for a directive
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 .
Where compliance of a product with the applicable accessibility requirements set out in Article 3 has been demonstrated by that conformity assessment procedure, manufacturers shall draw up an EU declaration of conformity which shall clearly indicate that the product is accessible .
Amendment 103
Proposal for a directive
Article 5 – paragraph 4
4.  Manufacturers shall keep a register of complaints, of non-conforming products and products recalls, and shall keep distributors informed of any such monitoring .
4.  Manufacturers shall keep a register of complaints and of non-conforming products.
Amendment 104
Proposal for a directive
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.
7.  Manufacturers shall ensure that the product is accompanied by instructions in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned.
Amendment 105
Proposal for a directive
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, to withdraw it or recall it , if appropriate. Furthermore, where the product presents a risk related to accessibility , 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.
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, if appropriate. Furthermore, where the product is 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 106
Proposal for a directive
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 conformity 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 compliance with the requirements referred to in Article 3 .
9.  Manufacturers shall, further to a request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity 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 ensure compliance with this Directive .
Amendment 107
Proposal for a directive
Article 6 – paragraph 2 – point a
(a)  further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;
(a)  further to a request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;
Amendment 108
Proposal for a directive
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 by products covered by their mandate.
(b)  co-operate with the competent national authorities, at their request, on any action taken to ensure compliance of products covered by their mandate with this Directive .
Amendment 109
Proposal for a directive
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 documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).
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 is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).
Amendment 110
Proposal for a directive
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 , the importer shall inform the manufacturer and the market surveillance authorities to that effect.
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 is not in conformity with this Directive , the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 111
Proposal for a directive
Article 7 – paragraph 5
5.  Importers shall ensure that the product is accompanied by instructions and information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.
5.  Importers shall ensure that the product is accompanied by instructions in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.
Amendment 112
Proposal for a directive
Article 7 – paragraph 7
7.  Importers shall keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of such monitoring .
7.  Importers shall keep a register of complaints and of non-conforming products.
Amendment 113
Proposal for a directive
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.
8.  Importers 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, if appropriate. Furthermore, where the product is not in conformity with this Directive , 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 114
Proposal for a directive
Article 7 – paragraph 9
9.  Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a 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.
9.  Importers shall, further to a request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a 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 ensure compliance of products which they have placed on the market with the accessibility requirements set out in Article 3 .
Amendment 115
Proposal for a directive
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).
2.  Before making a product available on the market distributors shall verify that the product is in conformity with this Directive and is accompanied by the required documents and by instructions 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 116
Proposal for a directive
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 , the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
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 is not in conformity with this Directive , the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 117
Proposal for a directive
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 , 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.
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 or to withdraw it, if appropriate. Furthermore, where the product is not in conformity with this Directive , 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 118
Proposal for a directive
Article 8 – paragraph 6
6.  Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market.
6.  Distributors shall, further to a request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to ensure compliance of products which they have made available on the market with the accessibility requirements set out in Article 3 .
Amendment 119
Proposal for a directive
Article 10 – paragraph 2
2.  Economic operators shall be able to present the information referred to in paragraph 1 for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the product.
2.  Economic operators shall be able to present the information referred to in paragraph 1 for a certain period, which shall be at least five years, after they have been supplied with the product or after they have supplied the product.
Amendment 120
Proposal for a directive
Article 10 – paragraph 2 a (new)
2a.  The Commission is empowered to adopt delegated acts in accordance with Article 23a supplementing this Directive in order to specify the period referred to in paragraph 2 of this Article. That period shall be in proportion to the life cycle of the product concerned.
Amendment 121
Proposal for a directive
Article 11 – paragraph 2
2.  Service providers shall prepare the necessary information in accordance with Annex III explaining how the services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with functional limitations and persons with disabilities. Service providers shall keep the information as long as the service is in operation.
2.  Service providers shall prepare the necessary information in accordance with Annex III explaining how their services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in a manner which is accessible to persons with disabilities. Service providers shall keep the information as long as the service is in operation.
Amendment 122
Proposal for a directive
Article 11 – paragraph 4
4.  Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with those authorities, at their request, on any action taken to bring the service in conformity with those requirements.
4.  Service providers shall, further to a request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with those authorities, at their request, on any action taken to bring the service in conformity with those requirements.
Amendment 339
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 disabilities, taking into account the frequency and duration of use of the specific product or service.
(b)  the estimated additional 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 123
Proposal for a directive
Article 12 – paragraph 4
4.  The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources, whether public or private.
4.  The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources, made available for the purpose of improving accessibility, whether public or private.
Amendment 124
Proposal for a directive
Article 12 – paragraph 5
5.  The assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator.
5.  The initial assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator.
Amendment 230
Proposal for a directive
Article 12 – paragraph 5 a (new)
5a.  The Commission shall adopt delegated acts in accordance with Article 23a to supplement paragraph 3 of this Article by further specifying the criteria that are to be taken into account for all products and services covered by this Directive when assessing whether the burden is to be considered to be disproportionate, without modifying those criteria.
When further specifying those criteria, the Commission shall not only take into account the potential benefits for persons with disabilities, but also those for persons with functional limitations.
The Commission shall adopt the first such delegated act covering all products and services falling within the scope of this Directive by ... [one year after the date of entry into force of this Directive].
Amendment 126
Proposal for a directive
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.
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. The assessment referred to in paragraph 3 shall be submitted to the market surveillance authority upon its request . 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 127
Proposal for a directive
Article 12 – paragraph 6 a (new)
6a.  The Commission shall adopt implementing acts establishing a model notification for the purposes of paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 24(1a). The Commission shall adopt the first such implementing act by ... [two years after the date of entry into force of this Directive].
Amendment 128
Proposal for a directive
Article 12 – paragraph 6 b (new)
6b.  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 the exceptions are established in order to ensure that they are coherent.
Amendment 129
Proposal for a directive
Article 12 – paragraph 6 c (new)
6c.  Member States are encouraged to provide incentives and guidelines to microenterprises to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including persons with disabilities and their representative organisations.
Amendment 130
Proposal for a directive
Chapter IV – title
Harmonised Standards, common technical specifications and Conformity of products and services
Harmonised Standards, technical specifications and conformity of products and services
Amendment 131
Proposal for a directive
Article 13 – paragraph 1
Products and services which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union , shall be presumed to be in conformity with the accessibility requirements covered by those standards or parts thereof, referred to in Article 3 .
1.   Products and services that meet the harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union , shall be presumed to be in conformity with the accessibility requirements, referred to in Article 3, that are covered by those standards or parts thereof.
Amendment 132
Proposal for a directive
Article 13 – paragraph 1 a (new)
1a.  The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for each of the accessibility requirements of products set out in Article 3. The Commission shall adopt those requests by ... [two years after the date of entry into force of this Directive].
Amendment 133
Proposal for a directive
Article 13 – paragraph 1 b (new)
1b.  The Commission may adopt implementing acts establishing technical specifications that meet the accessibility requirements set out in Article 3. However, it shall only do so if the following conditions are met:
(a)  no reference to harmonised standards has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;
(b)  the Commission has adopted a request referred to in paragraph 2 of this Article; and
(c)  the Commission notes undue delays in the standardisation procedure.
Before adopting implementing acts referred to in the first subparagraph, the Commission shall consult the relevant stakeholders, including organisations representing persons with disabilities.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2) of this Directive.
Amendment 134
Proposal for a directive
Article 13 – paragraph 1 c (new)
1c.  Where no references to the harmonised standards referred to in paragraph 1 of this Article have been published in the Official Journal of the European Union, products and services that meet the technical specifications referred to in paragraph 1b of this Article or parts thereof shall be deemed to be in conformity with the accessibility requirements set out in Article 3 that are covered by those technical specifications or parts thereof.
Amendment 135
Proposal for a directive
Article 14
Article 14
deleted
Common technical specifications
1.  Where no reference to harmonised standards has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, and where further detail for the accessibility requirements of certain products and services would be needed for harmonisation of the market, the Commission may adopt implementing acts establishing common technical specifications ('CTS') for the accessibility requirements set out in Annex I to this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2) of this Directive.
2.  Products and services which are in conformity with the CTS referred to in paragraph 1 or parts thereof shall be deemed to be in conformity with the accessibility requirements referred to in Article 3, covered by those CTS or parts thereof.
Amendment 136
Proposal for a directive
Article 15 – paragraph 2
2.  The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex II to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any disproportionate burden for micro, small and medium-sized enterprises. It shall be translated into the language or languages required by the Member State in the market of which the product is placed or made available.
2.  The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex II to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any disproportionate burden for small and medium-sized enterprises. It shall be translated into the language or languages required by the Member State in the market of which the product is placed or made available.
Amendment 137
Proposal for a directive
Article 15 – paragraph 3
3.  Where a product is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the acts concerned including the publication references.
3.  Where a product is subject to more than one Union act requiring an EU declaration of conformity, the EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the acts concerned including the publication references.
Amendment 138
Proposal for a directive
Article 15 – paragraph 4 a (new)
4a.  In addition to the EU declaration of conformity, the manufacturer shall include a notice on the packaging informing consumers in a cost-effective, simple and precise way that the product incorporates accessibility features.
Amendment 139
Proposal for a directive
Article 16
Article 16
deleted
General principles of the CE marking of products
The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
Amendment 140
Proposal for a directive
Article -17 (new)
Article -17
National database
Each Member State shall establish a publicly accessible database to register non-accessible products. Consumers shall be able to consult and log information about non-accessible products. Member States shall take the necessary measures to inform consumers or other stakeholders of the possibility of lodging complaints. An interactive system between national databases shall be envisaged, where possible under the responsibility of the Commission or the relevant representative organisations, so that information on non-accessible products can be disseminated across the Union.
Amendment 141
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Member States shall ensure that the public is informed of the existence, responsibilities and identity of the authorities referred to in the first subparagraph. Those authorities shall make the information available in accessible formats upon request.
Member States shall ensure that the public is informed of the existence, responsibilities and identity of the authorities referred to in the first subparagraph. Those authorities shall make available the information on their own work and on the decisions that they have taken in accessible formats upon request by the members of the public concerned .
Amendment 142
Proposal for a directive
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 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.
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 is not in conformity with this Directive, they shall carry out an evaluation in relation to the product concerned covering all the relevant requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 143
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements, to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe .
Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product concerned into compliance with those requirements. If the relevant economic operator fails to take any adequate corrective action, the market surveillance authorities shall require that economic operator to withdraw the product from the market within a reasonable period.
Amendment 144
Proposal for a directive
Article 19 – paragraph 4
4.  Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets, to withdraw the product from that market or to recall it . The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
4.  Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets or to withdraw the product from that market. The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
Amendment 145
Proposal for a directive
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 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:
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, 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 146
Proposal for a directive
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 , or
(a)  the failure of the product to meet relevant requirements set out in Article 3, or
Amendment 147
Proposal for a directive
Article 19 – paragraph 8
8.  Member States shall ensure that appropriate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.
8.  Member States shall ensure that appropriate and proportionate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.
Amendment 148
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 19(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Where, on completion of the procedure set out in Article 19(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission has reasonable evidence to suggest that a national measure is contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Amendment 149
Proposal for a directive
Article 20 a (new)
Article 20a
Working Group
1.  The Commission shall establish a working group.
That working group shall consist of the representatives of the national market surveillance authorities and the relevant stakeholders, including persons with disabilities and their representative organisations.
2.  The working group shall perform the following tasks:
(a)  facilitating the exchange of information and best practices among the market surveillance authorities;
(b)  ensuring coherence in the application of the accessibility requirements set out in Article 3;
(c)  expressing an opinion on exceptions from the accessibility requirements set out in Article 3 in cases that are considered to be necessary, after receiving the Commission request.
Amendment 151
Proposal for a directive
Article 21 – paragraph 1 – point c
(c)  When establishing the accessibility requirements related to social and quality criteria established by competent authorities in tender procedures for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007;
deleted
Amendments 247 and 281
Proposal for a directive
Article 21 – paragraph 1 – point d a (new)
(da)   where applicable, to all relevant Union legislation or to the provisions in Union legislation referring to accessibility for persons with disabilities;
Amendment 282
Proposal for a directive
Article 21 – paragraph 1 – point d b (new)
(db)   when the Union co-finances barrier-free accessible transport and telecommunication infrastructure projects under the CEF, the Structural Funds, or the EFSI, projects supporting or including accessibility components shall be prioritised.
Amendment 152
Proposal for a directive
Article 22 – paragraph 1
1.  Accessibility requirements referred to in Article 21 apply to the extent that they do not impose a disproportionate burden on the competent authorities for the purposes of that Article.
1.  Accessibility requirements referred to in Article 21 apply to the extent that they do not impose a disproportionate burden on the competent authorities or the operators contracted by them for the purposes of that Article.
Amendments 226 and 257
Proposal for a directive
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 disabilities, taking into account the frequency and duration of use of the specific product or service;
(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 153
Proposal for a directive
Article 22 – paragraph 3
3.  The assessment of whether compliance with accessibility requirements referred to in Article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned.
3.  The initial assessment of whether compliance with accessibility requirements referred to in Article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned.
Amendment 231
Proposal for a directive
Article 22 – paragraph 3 a (new)
3a.  The Commission shall adopt delegated acts in accordance with Article 23a to supplement paragraph 2 of this Article by further specifying the criteria that are to be taken into account for all products and services covered by this Directive when assessing whether the burden is to be considered disproportionate, without modifying those criteria.
When further specifying those criteria, the Commission shall not only take into account the potential benefits for persons with disabilities, but also those for persons with functional limitations.
The Commission shall adopt the first such delegated act covering all products and services falling within the scope of this Directive by ... [one year after the date of entry into force of this Directive].
Amendment 155
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.
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 assessment referred to in paragraph 2 shall be submitted to the Commission upon its request .
Amendment 156
Proposal for a directive
Article 22 – paragraph 4 a (new)
4a.  If the Commission has reason to doubt the decision of the competent authority concerned, the Commission may request the working group referred to in Article 20a to verify the assessment referred to in paragraph 2 of this Article and issue an opinion.
Amendment 157
Proposal for a directive
Article 22 – paragraph 4 b (new)
4b.  The Commission shall adopt implementing acts setting out a model notification for the purposes of paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 24(1a). The Commission shall adopt the first such implementing act by ... [two years after the date of entry into force of this Directive].
Amendment 158
Proposal for a directive
Chapter VII – title
IMPLEMENTING POWERS AND FINAL PROVISIONS
DELEGATED ACTS, IMPLEMENTING POWERS AND FINAL PROVISIONS
Amendment 159
Proposal for a directive
Article 23 a (new)
Article 23a
Exercise of the delegation
1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.  The power to adopt delegated acts referred to in Article 10(2a), Article 12(5a) and Article 22(3a) shall be conferred on the Commission for an indeterminate period of time from .... [date of entry into force of this Directive].
3.  The delegation of power referred to in Article 10(2a), Article 12(5a) and Article 22(3a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6.  A delegated act adopted pursuant to Article 10(2a), Article 12(5a) and 22(3a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 160
Proposal for a directive
Article 24 – paragraph 1 a (new)
1a.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment 161
Proposal for a directive
Article 25 – paragraph 2 – introductory part
2.  The means referred to paragraph 1 shall include:
2.  The means referred to in paragraph 1 shall include:
Amendment 162
Proposal for a directive
Article 25 – paragraph 2 – point a
(a)  provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;
(a)  the possibility, for the consumer directly affected by the non-conformity of a product or service, to take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;
Amendment 163
Proposal for a directive
Article 25 – paragraph 2 – point b
(b)  provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest, in ensuring that the provisions of this Directive are complied with, may take action under national law before the courts or before the competent administrative bodies on behalf of consumers to ensure that the national provisions transposing this Directive are complied with.
(b)  the possibility, for the public bodies or private associations, organisations or other legal entities which have a legitimate interest, in ensuring that the provisions of this Directive are complied with, to take action under national law before the courts or before the competent administrative bodies on behalf of consumers to ensure that the national provisions transposing this Directive are complied with. That legitimate interest could be the representation of consumers that are directly affected by the non-conformity of a product or service;
Amendment 164
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
(ba)  the possibility, for the consumer directly affected by the non-conformity of a product or service, to use a complaint mechanism; that mechanism could be handled by an existing body such as a national ombudsman.
Amendment 165
Proposal for a directive
Article 25 – paragraph 2 a (new)
2a.  Member States shall ensure that, prior to an action being brought before the courts or before the competent administrative bodies, as referred to in points (a) and (b) of paragraph 1, alternative dispute resolution mechanisms are in place to resolve any alleged non-compliance with this Directive which has been reported by means of a complaint mechanism referred to in point (ba) of paragraph 2.
Amendment 166
Proposal for a directive
Article 25 – paragraph 2 b (new)
2b.  This Article shall not apply to contracts which are subject to Directives 2014/24/EU or 2014/25/EU.
Amendment 288
Proposal for a directive
Article 26 – paragraph 2
2.  The penalties provided for shall be effective, proportionate and dissuasive.
2.  The penalties provided for shall be effective, proportionate and dissuasive, but shall not serve as an alternative to the fulfilment by economic operators of their obligation to make their products or services accessible. Those penalties shall also be accompanied by effective remedial action in case of non-compliance of the economic operator .
Amendment 168
Proposal for a directive
Article 26 – paragraph 4
4.  Penalties shall take into account the extent of the non-compliance, including the number of units of non-complying products or services concerned, as well as the number of people affected.
4.  Penalties shall take into account the extent of the non-compliance, including its seriousness, and the number of units of non-complying products or services concerned, as well as the number of people affected.
Amendment 169
Proposal for a directive
Article 27 – paragraph 2
2.  They shall apply those provisions from [… insert date - six years after the entry into force of this Directive].
2.  They shall apply those provisions from ... [five years after the entry into force of this Directive].
Amendment 170
Proposal for a directive
Article 27 – paragraph 2 a (new)
2a.  Without prejudice to paragraph 2b of this Article, Member States shall provide for a transitional period of five years after ... [six years after the date of entry into force of this Directive] during which service providers may continue to provide their services using products which were lawfully used by them to provide similar services before that date.
Amendment 171
Proposal for a directive
Article 27 – paragraph 2 b (new)
2b.  Member States may provide that self-service terminals lawfully used by service providers for the provision of services before .... [six years after the date of entry into force of this Directive] may continue to be used in the provision of similar services until the end of their economically useful life.
Amendment 172
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.
5.  Where appropriate, Member States shall communicate to the Commission the text of the main provisions of national law which they adopt to the end of Article 3(10) and shall report to the Commission on the progress made in their implementation.
Amendment 173
Proposal for a directive
Article 28 – paragraph 1
By […insert date - five years after the application of this Directive], and every five years thereafter, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
-1.   By ... [three years after the date of the application of this Directive], and every five years thereafter, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 174
Proposal for a directive
Article 28 – paragraph 1
1.  The report shall, inter alia, address in the light of social, economic and technological developments the evolution of the accessibility of products and services and the 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.
1.  Those reports , drawn up on the basis of the notifications received in accordance with Article 12(6) and Article 22(4), shall assess whether this Directive has achieved its objectives, in particular with regard to enhancing the free movement of accessible products and services. In addition, those reports shall in the light of social, economic and technological developments, address the evolution of the accessibility of products and services, the need to include new products and services within the scope of this Directive , or the need to exclude certain products or services from the scope of this Directive as well as the impact of this Directive 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 175
Proposal for a directive
Article 28 – paragraph 2
2.  Member States shall communicate to the Commission in due time all the information necessary for the Commission to draw up such a report .
2.  Member States shall communicate to the Commission in due time all the information necessary for the Commission to draw up such reports .
Amendment 176
Proposal for a directive
Article 28 – paragraph 3
3.  The Commission’s report shall take into account the viewpoints of the economic stakeholders and relevant non-governmental organisations, including organisations of persons with disabilities and those representing older persons .
3.  The Commission’s report shall take into account the viewpoints of the economic stakeholders and relevant non-governmental organisations, including organisations of persons with disabilities.
Amendment 177
Proposal for a directive
Annex I – Section I – Part A (new)
A.  Operating systems
1.  The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C, and shall include:
(a)  information about the functioning of the service concerned and about its accessibility characteristics and facilities; and
(b)  electronic information, including the websites necessary for the provision of the service concerned.
Amendment 178
Proposal for a directive
Annex I – Section I – Part B (new)
B.  General-purpose computer hardware and its embedded operating systems
Amendment 180
Proposal for a directive
Annex I – Section I – point 2
[.....]
deleted
Amendment 181
Proposal for a directive
Annex I – Section I – Part C (new)
C.  Functional performance requirements
In order to make accessible their design and user interface products and services shall be designed, where applicable, as follows:
(a)  Usage without vision
Where the product provides visual modes of operation, it shall provide at least one mode of operation that does not require vision.
(b)  Usage with limited vision
Where the product provides visual modes of operation, it shall provide at least one mode of operation that enables users to operate the product with limited vision; which can be achieved for instance via features related to flexible contrast and brightness, flexible magnification without loss of content or functionalities, flexible ways to separate and control foreground from background visual elements and flexible control over the field of vision required.
(c)  Usage without perception of colour
Where the product provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour.
(d)  Usage without hearing
Where the product provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing.
(e)  Usage with limited hearing
Where the product provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features; which can be achieved for instance for user control of volume and flexible ways to separate and control foreground from background sound where voice and background are available as separate audio streams.
(f)  Usage without vocal capability
Where the product requires vocal input from users, it shall provide at least one mode of operation that does not require them to generate vocal output. Vocal output includes any orally-generated sounds like speech, whistles or clicks.
(g)  Usage with limited manipulation or strength
Where the product requires manual actions, it shall provide at least one mode of operation that enables users to make use of the product through alternative actions not requiring fine motor control and manipulation, hand strength or operation of more than one control at the same time.
(h)  Usage with limited reach
Where the products are freestanding or installed, the operational elements shall be within reach of all users.
(i)  Minimising the risk of triggering photosensitive seizures
Where the product provides visual modes of operation, it shall avoid modes of operation that are known to trigger photosensitive seizures.
(j)  Usage with limited cognition
The product shall provide at least one mode of operation incorporating features that make it simpler and easier to use.
(k)  Privacy
Where the product incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those product features that are provided for accessibility.
Amendment 182
Proposal for a directive
Annex I – Section I – Part D (new)
D.  Support services
Where available, support services shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication for persons with disabilities.
Amendments 183 and 291
Proposal for a directive
Annex I – Section II – title
Self-service terminals: Automatic Teller Machines, ticketing machines and check- in machines
Self-service terminals: Automatic Teller Machines, ticketing machines, check- in machines and payment terminals
Amendments 184, 291,299 and 342
Proposal for a directive
Annex I – Section II – point 1
1.  Design and production:
1.  Design and production:
The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the following:
The design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I. In that regard, products shall not require an accessibility feature to be activated in order to enable a user who needs the feature to turn it on.
The design and production of products shall be made accessible, including the following:
(a)  the information on the use of the product provided on the product itself (labelling, instructions, warning), which:
(a)  the information on the use of the product provided on the product itself (the labelling, instructions and warning);
(i)  must be available by more than one sensory channel;
(ii)  must be understandable
(iii)  must be perceivable;
(iv)  shall have an adequate size of fonts in foreseeable conditions of use ;
(b)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2 ;
(b)  the user interface of the product (handling, controls and feedback, input and output);
(c)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2 ;
(c)  the functionality of the product by providing functions aimed to address the needs of persons with disabilities, which must be achieved by allowing for the use of personal headsets, where a timed response is required, by alerting the user by more than one sensory channel and by giving the possibility to extend the time permitted and by having an adequate contrast and tactilely discernible keys and controls ;
(d)  the interfacing of the product with assistive devices.
(d)  when relevant, compatibility with assistive devices and technologies available at Union level, including hearing technologies such as hearing aids, telecoils, cochlear implants and assistive listening devices.
Amendment 185
Proposal for a directive
Annex I – Section II – point 2
[....]
deleted
Amendment 186
Proposal for a directive
Annex I – Section III – title
Telephony services, including emergency services and the related consumer terminal equipment with advanced computing capability
Telephony services, including emergency services and the related consumer terminal equipment
Amendments 187, 292 and 300
Proposal for a directive
Annex I – Section III – Part A – point 1
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
1.  The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  ensuring the accessibility of the products they use in the provision of the service, in accordance with the rules laid down in point B on "Related terminal equipment with advance computing capability used by consumers"
(a)  the products the service providers use in the provision of the service concerned , in accordance with the rules laid down in Part B of this Section;
(b)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(b)  information about the functioning of the service concerned and about its accessibility characteristics and facilities;
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)  alternatives to non-text content shall be provided ;
(iii)   the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (c) .
(ba)   electronic information, including the related online applications needed in the provision of the service concerned ;
(c)  making websites 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;
(c)  making websites 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;
(ca)  mobile-based apps;
(d)  providing accessible information to facilitate complementarities with assistive services;
(d)  information to facilitate complementarities with assistive services;
(e)  including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations .
(e)  functions, practices, policies, procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities and ensure interoperability; which must be achieved by supporting voice, video and real time text communication, alone or in combination (total conversation), between two users, or between a user and an emergency service .
Amendment 344
Proposal for a directive
Annex I – Section III – Part A – point 1 a (new)
1a.   Support services
Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the service and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendments 188 and 292
Proposal for a directive
Annex I – Section III – Part B – title
B.  Related terminal equipment with advance computing capability used by consumers:
B.  Related terminal equipment used by consumers:
Amendments 189, 292 and 301
Proposal for a directive
Annex I – Section III – Part B – point 1
1.  Design and production:
1.  Design and production:
The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the following :
The design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  the information on the use of the product provided on the product itself (labelling, instructions, warning), which:
(a)   the information on the use of the product provided on the product itself (the labelling, instructions and warning);
(i)  must be available by more than one sensory channel;
(ii)  must be understandable
(iii)  must be perceivable;
(iv)  shall have an adequate size of fonts in foreseeable conditions of use ;
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal);
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal);
(c)  the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following :
(c)  the product instructions for use, installation and maintenance, storage and disposal of the product;
(i)  content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel, and
(ii)  instructions shall provide alternatives to non-text content ;
(d)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2 ;
(d)  the user interface of the product (handling, controls and feedback, input and output);
(e)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2 ;
(e)  the functionality of the product by providing functions aimed to address the needs of persons with disabilities and ensure interoperability; which must be achieved by supporting high fidelity audio, a video resolution enabling sign language communication, real time text alone or in combination with voice and video communication or by ensuring effective wireless coupling to hearing technologies ;
(f)  the interfacing of the product with assistive devices.
(f)  the interfacing of the product with assistive devices.
Amendment 190
Proposal for a directive
Annex I – Section III – Part B – point 2
[....]
deleted
Amendment 346/rev
Proposal for a directive
Annex I – Section III –Part B – point 2 a (new)
2a.   Support services:
Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 191
Proposal for a directive
Annex I – Section IV – title
Audiovisual media services and the related consumer equipment with advance computing capability
Websites and online applications of audiovisual media services and the related consumer equipment
Amendment 192
Proposal for a directive
Annex I – Section IV – Part A – title
A.  Services :
A.  Websites and online applications :
Amendment 193
Proposal for a directive
Annex I – Section IV – Part A – point 1
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
1.   The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of section I, and shall include :
(a)   ensuring the accessibility of the products they use in the provision of the service, in accordance with the rules laid down in point B on "Related terminal equipment with advance computing capability used by consumers"
(a)  making websites 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;
(b)   providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(b)   mobile device-based applications.
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)  alternatives to non-text content shall be provided;
(iii)  the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (c).
(c)  making websites 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;
(d)  providing accessible information to facilitate complementarities with assistive services;
(e)  including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations.
Amendment 194
Proposal for a directive
Annex I – Section IV – Part B – title
B.  Related consumer equipment with advance computing capability :
B.  Related consumer equipment:
Amendments 195 and 293
Proposal for a directive
Annex I – Section IV – Part B – point 1
1.  Design and production:
1.  Design and production:
The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the following :
The design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in part C of Section I, and shall include :
(a)  the information on the use of the product provided in the product itself (labelling, instructions, warning), which:
(a)  the information on the use of the product provided on the product itself (the labelling, instructions and warning);
(i)  must be available by more than one sensory channel;
(ii)  must be understandable
(iii)  must be perceivable;
(iv)  shall have an adequate size of fonts in foreseeable conditions of use ;
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal);
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal);
(c)  the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following:
(c)  the product instructions for use, installation and maintenance, storage and disposal of the product;
(i)  content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel, and
(ii)  instructions shall provide alternatives to non-text content ;
(d)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2 ;
(d)  the user interface of the product (handling, controls and feedback, input and output);
(e)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2 ;
(e)  the functionality of the product by providing functions aimed to address the needs of persons with disabilities; which can be achieved for instance by supporting the possibility to select, personalise and display access services such as subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation, by providing means for effective wireless coupling to hearing technologies or by providing the user controls to activate access services for audiovisual services to the user at the same level of prominence as the primary media controls ;
(f)  the interfacing of the product with assistive devices.
(f)  the interfacing of the product with assistive devices.
Amendment 196
Proposal for a directive
Annex I – Section IV – Part B – point 2
[....]
deleted
Amendments 197 and 308
Proposal for a directive
Annex I – Section V – title
Air, bus, rail and waterborne passenger transport services; websites used for provision of passenger transport services; mobile device-based services, smart ticketing and real time information; Self-service terminals, ticketing machines and check-in machines used for provision of passenger transport services
Air, bus, coach , rail and waterborne passenger transport services; websites used for provision of passenger transport services; mobile device-based services, smart ticketing and real time information; self-service terminals, including payment terminals, ticketing machines and check-in machines used for provision of passenger transport, mobility and tourism services.
Amendments 198, 294/rev, 303, 311, 315 and 316
Proposal for a directive
Annex I – Section V – Part A – point 1
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
1.   The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(a)  information about the functioning of the service concerned and about its accessibility characteristics and facilities;
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)   alternatives to non-text content shall be provided ;
(aa)  information on how to use the accessibility features of the service including accessibility of vehicles and surrounding infrastructure and built environment shall be listed and explained and information about assistance shall be provided, in accordance with Regulations (EC) No 1107/2006, (EU) No 1177/2010, (EC) No 1371/2007 and (EU) No 181/2011 ;
(iii)   the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (b).
(ab)   electronic information, including the related online applications needed in the provision of the service concerned shall be provided in accordance with point (b);
(b)  making websites 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;
(b)  making websites including online applications needed for the provision of the passenger transport, tourism, accommodation and catering services, accessible in a consistent and adequate way for users’ perception, operation and understanding; this includes the adaptability of the contents presentation and interaction, with the provision of an accessible electronic alternative when necessary, in a robust way that facilitates interoperability with a variety of user agents and the assistive technologies available at Union and international level;
(ba)  making mobile-based services including mobile applications needed in 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;
(c)  including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations .
(c)  including functions, practices, policies, procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities, including making mobile-based services, including mobile applications needed in 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 ;
This concerns services such as smart ticketing (electronic reservation, booking of tickets, etc.), real-time passenger information (timetables, information about traffic disruptions, connecting services, onwards travel with other transport modes, etc.), and additional service information (e.g. staffing of stations, lifts that are out of order or services that are temporarily unavailable).
(ca)  mobile device-based services, smart ticketing and real-time information.
Amendment 199
Proposal for a directive
Annex I – Section V – Part B
B.  Websites used for the provision of passenger transport services:
deleted
(a)  Making websites accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, where 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 200
Proposal for a directive
Annex I – Section V – Part C
C.   Mobile device-based services, smart ticketing and real time information:
deleted
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
(a)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)  alternatives to non-text content shall be provided;
(iii)  the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (b).
(b)  making websites 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 201
Proposal for a directive
Annex I – Section V – Part D – title
D.  Self-service terminals, ticketing machines and check-in machines used for provision of passenger transport services:
D.  Self-service terminals, including payment terminals, ticketing machines and check-in machines used for provision of passenger transport services:
Amendments 202 and 327
Proposal for a directive
Annex I – Section V – Part D – point 1
1.  Design and production:
1.  Design and production:
The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the following :
The design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  the information on the use of the product provided on the product itself (labelling, instructions, warning), which:
(a)  the information on the use of the product provided on the product itself (the labelling, instructions and warning);
(i)  must be available by more than one sensory channel;
(ii)  must be understandable
(iii)  must be perceivable;
(iv)  shall have an adequate size of fonts in foreseeable conditions of use ;
(b)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2 ;
(b)  the user interface of the product (handling, controls and feedback, input and output);
(c)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2 ;
(c)  the functionality of the product by providing functions aimed to address the needs of persons with disabilities ;
(d)  the interfacing of the product with assistive devices
(d)  the compatibility 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 352
Proposal for a directive
Annex I – Section V – Part D – point 1 a (new)
1a.  Support services
Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 203
Proposal for a directive
Annex I – Section V – Part D – point 2
[....]
deleted
Amendment 204
Proposal for a directive
Annex I – Section VI – title
Banking services; websites used for provision of banking services; mobile device-based banking services; self service terminals, including Automatic Teller machines used for provision of banking services
Consumer banking services; websites used for provision of banking services; mobile device-based banking services; self-service terminals, including payment terminals and Automatic Teller machines used for provision of banking services
Amendments 205, 295 and 304
Proposal for a directive
Annex I – Section VI – Part A – point 1
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
1.  The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  ensuring the accessibility of the products they use in the provision of the service, in accordance with the rules laid down in point D:
(a)  the products the service providers use in the provision of the service concerned , in accordance with the rules laid down in Part D of this Section;
(b)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(b)  information about the functioning of the service and about its accessibility characteristics and facilities. This information shall be understandable, without exceeding a level of complexity superior to level B2 (upper intermediate) of the Council of Europe’s Common European Framework of Reference for Languages;
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)  alternatives to non-text content shall be provided ;
(iii)   the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (c) .
(ba)  electronic information, including the related websites and online applications needed in the provision of the service concerned, and including information on electronic identification, security and payment methods .
(c)  making websites 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 ;
(d)  including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations.
(d)  functions, practices, policies, procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities;
(da)  mobile device-based banking services.
Amendment 206
Proposal for a directive
Annex I – Section VI – Part B
B.  Websites used for provision of banking services:
deleted
The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
(a)  making websites 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 207
Proposal for a directive
Annex I – Section VI – Part C
C.   Mobile device-based banking services:
deleted
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
(a)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)alternatives to non-text content shall be provided;
(iii)  the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (b).
(b)  making websites 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 208
Proposal for a directive
Annex I – Section VI – Part D – title
D.  Self-service terminals, including Automatic Teller machines used for provision of banking services’
D.  Self-service terminals, including payment terminals, Automatic Teller machines used for provision of consumer banking services
Amendment 209
Proposal for a directive
Annex I – Section VI – point D – point 1
1.  Design and production
1.  Design and production
The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following :
The design and production of products in order to maximise their foreseeable use by persons with disabilities, shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  the information on the use of the product provided in the product itself (labelling, instructions, warning), which:
(a)  the information on the use of the product provided on the product itself (the labelling, instructions and warning);
(i)  must be available by more than one sensory channel;
(ii)  must be understandable
(iii)  must be perceivable;
(iv)  shall have an adequate size of fonts in foreseeable conditions of use ;
(b)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2 ;
(b)  the user interface of the product (handling, controls and feedback, input and output);
(c)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2 ;
(c)  the functionality of the product by providing functions aimed to address the needs of persons with disabilities ;
(d)  the interfacing of the product with assistive devices.
(d)  the interfacing of the product with assistive devices.
Amendment 356
Proposal for a directive
Annex I – Section VI – Part D – point 1 a (new)
1a.  Support services
Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 210
Proposal for a directive
Annex I – Section VI – Part D – point 2
[....]
deleted
Amendment 211
Proposal for a directive
Annex I – Section VII – title
E-books
E-books and related equipment
Amendment 305
Proposal for a directive
Annex I – Section VII – Part A – point 1
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
(a)  ensuring the accessibility of the products they use in the provision of the service, in accordance with the rules laid down in point B “Products” ;
b)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)  alternatives to non-text content shall be provided;
(iii)  the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (c).
(c)  making websites 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;
(d)  providing accessible information to facilitate complementarities with assistive services;
(e)  including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations .
1.  The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in this Directive, and shall include :
(a)  the products the service providers use in the provision of the service concerned , in accordance with the rules laid down in Part B of this Section ;
b)  information about the functioning of the service and about its accessibility characteristics and facilities, and provide available information (metadata) on accessibility features of products and services;
(ba)   electronic information, including the related online applications and the e-book device , needed in the provision of the service concerned;
(c)  making websites and mobile device-based applications 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;
(d)  providing accessible information to facilitate complementarities with assistive services;
(e)  including functions, practices, policies, procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities, which must be achieved by ensuring the navigation throughout the document, such as by means of dynamic layouts, the possibility to synchronize text and audio content, text-to-speech technology, allowing alternative renditions of the content and its interoperability with a variety of assistive technologies, in such a way that can be perceivable, understandable, operable and maximizes compatibility with user agents .
Amendment 358
Proposal for a directive
Annex I – Section VII – Part B – point 1
1.  Design and production: The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the following :
1.  Design and production: The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by complying with the following accessibility requirements :
(a)  the information on the use of the product provided on the product itself (labelling, instructions, warning), which:
(a)   the information on the use of the product provided on the product itself (labelling, instructions, warning), which shall be provided in multiple accessible formats and which:
(i)  must be available by more than one sensory channel;
(i)  shall be available by more than one sensory channel;
(ii)  must be understandable;
(ii)  shall be understandable;
(iii)  must be perceivable;
(iii)  shall be perceivable;
(iv)  shall have an adequate size of fonts in foreseeable conditions of use;
(iv)  shall have an adequate size of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use;
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal);
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal) and an indication of the brand, the name and the type of the product which:
(i)  shall meet the requirements laid down in point a;
(ii)  shall in a simple and precise way inform the users how the product incorporates accessibility features and its compatibility with assistive technology;
(c)  the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following:
(c)  the instructions for the use, installation and maintenance, storage and disposal of the product, whether provided separately or integrated within the product, which shall comply with the following:
(i)  content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel;
(i)  shall be made available in accessible web format and electronic non-web document format that is both perceivable and operable; and
(ii)  the instructions shall provide alternatives to non-text content ;
(ii)  the manufacturer shall list and explain how to use the accessibility features of the product and its compatibility with assistive technologies ;
(ca)  the instructions for the use, installation and maintenance, storage and disposal of the product, whether provided separately or integrated within the product, which shall comply with the following:
(d)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2;
(d)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2;
(e)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2;
(e)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2;
(f)  the interfacing of the product with assistive devices.
(f)   when relevant, compatibility with assistive devices and technologies.
Amendment 214
Proposal for a directive
Annex I – Section VII – Part B – point 2
[...]
deleted
Amendments 215, 296, 306 and 359
Proposal for a directive
Annex I – Section VIII – Part A – point 1
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
1.  The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(a)  information about the functioning of the service concerned and about its accessibility characteristics and facilities;
(i)  the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)  alternatives to non-text content shall be provided ;
(iii)   the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (b).
(aa)  electronic information, including the related online and mobile applications and websites , and including information on the electronic identification, security and payment methods, needed in the provision of the service concerned shall be provided in accordance with point (b) .
(b)  making websites 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;
(b)  making websites 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;
(ba)  mobile device-based e-commerce services.
Amendment 360
Proposal for a directive
Annex I – Section VIII – Part A – point 1 a (new)
1a.  Support services: where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the service and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 335
Proposal for a directive
Annex I – section VIII a (new)
SECTION VIIIa
Accommodation services
Services
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
(a)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(i)  making them available in an accessible web format and by making them perceivable, operable, understandable and robust in accordance with point (b);
(ii)  listing and explaining how to use the accessibility features of the service and its complementarity with a variety of assistive technologies.
(b)  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;
(c)  making mobile-based services including mobile applications needed for the provision of e-commerce 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;
(d)  making electronic identification, security and payment methods needed for the provision of the service understandable, perceivable, operable and robust without undermining the security and privacy of the user;
(e)  making the built environment accessible to persons with disabilities in accordance with the requirements of Section X, including:
(i)  all common areas (reception, entrance, leisure facilities, conference rooms, etc.).
(ii)  rooms, in accordance with the requirements of Section X; the minimum number of accessible rooms per establishment shall be:
–  1 accessible room, for establishments with less than 20 rooms overall
–  2 accessible rooms, for establishments with more than 20 but fewer than 50 rooms
–  1 supplementary accessible room for every additional 50 rooms.
2.  Support services
Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the service and its compatibility with assistive technologies and services, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 216
Proposal for a directive
Annex I – Section IX – Part A – point 1
1.  Design and production
1.  Design and production
The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the following :
The design and production of products in order to maximise their foreseeable use by persons with disabilities and those with age- related impairments shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  the information on the use of the product provided in the product itself (labelling, instructions, warning), which:
(a)  the information on the use of the product provided in the product itself (labelling, instructions, warning);
(i)  must be available by more than one sensory channel;
(ii)  must be understandable;
(iii)  must be perceivable;
(iv)  shall have an adequate size of fonts in foreseeable use conditions;
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal);
(b)  the packaging of the product including the information provided in it (opening, closing, use, disposal);
(c)  the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following:
(c)  the product instructions for use, installation and maintenance, storage and disposal of the product;
(i)  content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel, and
(ii)  instructions shall provide alternatives to non-text content;
(d)  the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2 ;
(d)  the user interface of the product (handling, controls and feedback, input and output);
(e)  the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2 ;
(e)  the functionality of the product by providing functions aimed to address the needs of persons with disabilities ;
(f)  the interfacing of the product with assistive devices.
(f)  the interfacing of the product with assistive devices.
Amendments 217 and 297/rev
Proposal for a directive
Annex I – Section IX – Part A – point 2
[...]
deleted
Amendment 218
Proposal for a directive
Annex I – Section IX – Part B – point 1
1.  The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by:
1.  The provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in Part C of Section I, and shall include :
(a)  making accessible the built environment where the service is provided, including transport infrastructure, in accordance with Part C, without prejudice to national and Union legislation for the protection of national treasures possessing artistic, historic or archaeological value;
(a)  the built environment where the service is provided, including transport infrastructure, in accordance with Part C, without prejudice to national and Union legislation for the protection of national treasures possessing artistic, historic or archaeological value;
(b)  making facilities accessible , including vehicles, crafts and equipment needed for the delivery of the service as follows:
(b)  facilities, including vehicles, crafts and equipment needed for the delivery of the service as follows:
(i)  the design of its built space shall follow the requirements under Part  C in relation to boarding, disembarking, circulation and use;
(i)  the design of its built space shall follow the requirements set out in Part  C in relation to boarding, disembarking, circulation and use;
(ii)  the information shall be available in different ways and via more than one sensory channel;
(iii)  alternatives to non-text visual content shall be provided.
(c)  ensuring the accessibility of the products used in the provision of the service, in accordance with the rules laid down in Part A;
(c)  the products used in the provision of the service, in accordance with the rules laid down in Part A;
(d)  providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:
(d)  information about the functioning of the service and about its accessibility characteristics and facilities;
(i)  the information content shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways by the users and via more than one sensory channel,
(ii)  alternatives to non-text content shall be provided;
(iii)  the electronic information, including the online related applications needed in the provision of the service shall be provided in accordance with point (e).
(e)   making websites 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;
(e)  making websites and mobile-based devices 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;
(f)  providing accessible information to facilitate complementarities with assistive services;
(f)  information to facilitate complementarities with assistive services;
(g)  including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations .
(g)  functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities .
Amendment 219
Proposal for a directive
Annex I – Section IX – Part C – point 1 – introductory part
1.  The accessibility to persons with functional limitations, including persons with disabilities, of the built environment for its foreseeable use in an independent manner, shall include the following aspects of areas intended for public access:
1.  The accessibility to persons with disabilities of the built environment for its foreseeable use in an independent manner, shall include the following aspects of areas intended for public access:
Amendment 220
Proposal for a directive
Annex I – Section X – point 1 – introductory part
The accessibility to persons with functional limitations, including persons with disabilities, of the built environment where the service is provided, referred to in Article 3(10) for its foreseeable use in an independent manner, shall include the following aspects of areas intended for public access:
The accessibility to persons with disabilities of the built environment where the service is provided, referred to in Article 3(10) for its foreseeable use in an independent manner, shall include the following aspects of areas intended for public access:
Amendment 221
Proposal for a directive
Annex II – paragraph 4 – point 4.1
4.1.  The manufacturer shall affix the CE marking referred to in this Directive to each individual product that satisfies the applicable requirements of this Directive.
deleted

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0188/2017).

Last updated: 3 August 2018Legal notice