EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 2.12.2015  
COM(2015) 615 final  
2015/0278 (COD)  
  
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  
(Text with EEA relevance)  
{SWD(2015) 264 final}  
{SWD(2015) 265 final}  
{SWD(2015) 266 final}   EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
This explanatory memorandum presents in further detail  the proposal for a new Directive 
aiming at the approximation of the laws, regulations and administrative provisions of the 
Member States as regards the accessibility requirements of products and services.  
At present, economic operators are confronted with  divergent, and often contradictory, 
national accessibility requirements preventing them from benefitting from the internal market 
potential.  
The proposed Directive supports Member States to achieve their national commitments as 
well as their obligations under the United Nations Convention on the Rights of Persons with 
Disabilities (UNCRPD)1 regarding accessibility.  
Accessibility is at the heart of the UNCRPD, to which the EU is a party together with 25 of its 
Member States.2 It is one of the priorities of  the European Disability Strategy 2010 -20203 that 
sets actions for the implementation of the UNCRPD at EU level. Accessibility prevents or 
removes barriers to the use of mainstream products and services. It allows the  perception, 
operation and understandin g of those products and services by persons with functional 
limitations, including people with disabilities,4 on an equal basis with others.  
1.1. Objectives and context of the Proposal  
The proposal aims to contribute to improve the proper functioning of th e internal market and 
remove and prevent barriers for the free movement of accessible products and services.  
The demand for accessible products and services is high and the number of citizens with 
disabilities and/or functional limitations will increase si gnificantly with the ageing of the 
European Union's population. Taking into account demographic ageing, it is expected that in 
2020 approximately  120 million persons in the European Union will have multiple and/or 
minor disabilities. Improving the function ing of the internal market for specific accessible 
products and services, serves both the needs of these consumers and industry. An environment 
where products and services are more accessible allows for more inclusion and participation 
of citizens in socie ty. It supports independent living and autonomous choice. It also 
contributes to the application of the principle of equal treatment in the access to goods and 
services by persons with disabilities.5  
Differences in legislation, standards and guidelines on  accessibility exist and are very likely to 
increase as Member States develop new accessibility rules. This is a consequence of the entry 
into force of the UNCRPD for the EU and the majority of the Member States, as well as the 
general character of its pro visions, which are open to different interpretations and practices 
                                                 
1 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), available at: 
http://www.un.org/disabilities/default.asp?id=150 . 
2 While all the EU Member States have signed the UN CRPD, at present, Finland, Ireland and the Netherlands 
are in the process of ratifying the Convention.  
3 European Disability Strategy 2010 -2020, COM (2010) 636 final, available at: http://eur -
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:en:PDF   
4 According to the United Nations Convention on the Rights of Persons with Disabili ties, persons with 
disabilities include those who have long -term physical, mental, intellectual or sensory impairments which in 
interaction with various barriers may hinder their full and effective participation in society on an equal basis 
with others.  
5 The Commission presented a proposal providing, inter alia, that persons with disabilities be treated on equal 
terms to others, COM(2008) 426 final.  EN 3   EN when they are implemented at national level. An example of divergent rules is the case of 
Web accessibility, where Member States use different versions of the W3C/WCAG 
guidelines, another i s the Audio Visual Media services where different standards are used for 
subtitles and audio description. Furthermore changes in EU legislation making accessibility 
compulsory in general terms without providing a definition like in the case of the Public 
Procurement Directives will have a similar effect.  
The non -harmonised national approaches to accessibility create barriers in the internal market. 
Suppliers that operate cross -border would face additional production costs to comply with 
divergent accessibi lity rules. Competition, competitiveness and economic growth are 
hampered because enterprises, SMEs in particular, may lack the know -how and capacity to 
cope with learning and putting in action all the different national requirements and 
procedures. Conseq uently, it is important to include SMEs in the scope of this proposal as 
otherwise their products and services could be considered as second -rate or sub -quality.  
National authorities, manufacturers and services providers face uncertainties concerning the 
accessibility requirements for potential cross -border services, and concerning the applicable 
policy framework for accessibility.  
The described situation demonstrates the need to act and to ensure the free movement of 
products and services, by defining and  using common accessibility requirements for the 
selected products and services and by using the same requirements for EU legislation that 
establishes general obligations on accessibility. This will contribute to increase competition 
among industry. The pr oposal aims at  lowering and preventing barriers to cross -border trade.  
Harmonisation of national measures on accessibility is being proposed as a necessary 
condition to put an end to the legislative divergence.  
1.2. Technical background  
Manufacturers and service providers worldwide currently use different approaches to comply 
with accessibility requirements whenever they do produce/provide products and services with 
specific accessibility features. These approaches sometimes rely on national or internation al 
standards; most of the time without harmonisation of standards between regions or countries.  
A number of accessibility standards are under development at European level following 
standardisation requests by the European Commission to the European standa rdisation 
organisations (ESO). These standardisation requests (non -legislative actions) invited ESOs to 
align the development of voluntary European standards to global developments. The requests 
relevant to accessibility are: M/3766 (2005) on ICT which res ulted in a European standard EN 
301 5497 adopted in February 2014; M/4208 (2007) on built environment and M/4739 on 
mainstreaming accessibility following a "design for all" approach in the European 
standardisation. These standardisation requests were issue d after a positive opinion of the 
                                                 
6 M/376 standardisation mandate CEN, CENELEC and ETSI in support of European accessibility 
requirements for public procurement of products and services in the ICT domain  
http://ec.europa.eu/growth/tools -databases/mandates/index.cfm?fuseaction=search.det ail&id=333    
7 This standard is well harmonised with the US standards under US section 508 of the Rehabilitation Act.  
8 M/420 Standardisation mandate to CEN, CENELEC and ETSI in support of European accessibility 
requirements for public procurement in the b uilt environment:  
http://ec.europa.eu/growth/tools -databases/mandates/index.cfm?fuseaction=search.detail&id=392 ; 
http://www.cen.eu/cen/Sectors/Sectors/Accessibility/Construction/Pages/Allpresentations.aspx . 
9 M/473 Standardisation mandate to CEN, CENELEC and ETSI to include “Design for All” i n relevant 
standardisation initiatives:  
http://ec.europa.eu/growth/tools -databases/mandates/index.cfm?fuseaction=search.detail&id=461  
ftp://ftp.cencenelec.eu/CEN/Sectors/List/Accessibility/DfAmandate.pdf  EN 4   EN Member States in the Committee set up by Article 5 of Directive 98/34/EC and invite the 
ESOs to develop certain voluntary accessibility standards and to review, when possible, 
existing standards to give better guidance con cerning “design for all” principles.  
This requested voluntary European standardisation work is lengthy and in the absence of 
European standards it is possible that national standardisation work will occur. Therefore 
voluntary European standardisation will  need to be underpinned by regulatory intervention to 
achieve the intended European wide harmonisation. The functional accessibility requirements 
set in the Directive are given in terms of general objectives. One of the ways to assess 
conformity with those  requirements is by applying voluntary harmonised standards that are 
adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and 
of the Council of 25 October 2012 on European Standardisation.10 
The European standards resulting fro m the above -mentioned requests, or any other suitable 
existing European standards, should be used in this initiative as a basis for those harmonised 
standards to provide presumption of conformity with accessibility requirements.  
1.3. Policy background  
The main aim of this Directive is to improve the functioning of the internal market for 
accessible products and services. This is well in line with President Juncker’s Political 
guidelines for "the next Commission to build on the strength of our single market and to fully 
exploit its potential in all its dimensions".  This Directive will also contribute to implement the 
2015 Commission Work Programme11 which reiterates the Commission’s commitment to 
accessibility  as a catalyst for social inclusion: “The European Commission is committed to 
equality of opportunity for people with disabilities, in full respect of the UN Convention on 
the Rights of Persons with Disabilities. This includes accessibility to the physical 
environment, transportation, information and commu nications technologies and systems 
(ICT) and other facilities/services.”  
Article 9 of the United Nations Convention on the Rights of Persons with Disabilities  obliges 
the EU and Member States, to the extent of its competences, as parties to the Convention,  to 
take appropriate measures to ensure accessibility. Article 3 refers to accessibility as a general 
principle of the Convention that should be considered in relation to the enjoyment of the 
rights and fundamental freedoms stated in the Convention.  
The le gal character of the obligations on accessibility under the UN CRPD is confirmed in the 
General Comment on Article 9 of the Convention on Accessibility12 issued by the UN 
Committee on the Rights of Persons with Disabilities in April 2014. It states that "St ate 
parties are obliged to adopt, promulgate and monitor national accessibility standards […]. 
State parties should undertake a comprehensive review of the laws on accessibility in order to 
identify, monitor and address gaps in legislation and its implemen tation". It further states that 
"State parties should establish a legislative framework with specific, enforceable, time -bound 
benchmarks for monitoring and assessing the gradual modification and adjustment by private 
entities of their previously inaccessi ble services into accessible ones. State parties should also 
ensure that all newly procured goods and other services are fully accessible for persons with 
disabilities."  
The commitment to a barrier -free Europe was renewed in 2010 in the European Disability  
Strategy 2010 -2020. This strategy was drawn up in line with the UNCRPD. EU action 
                                                 
10 OJ L 316, 14.11.2012, p. 12.  
11 COM(2014) 910  Commission Work Programme 2015 - A New Start, available  at: 
http://ec.europa.eu/atwork/pdf/cwp_2015_en.pdf   
12 http://www.ohchr.org/EN/HRBodies/CRPD/Pages/GC.aspx    EN 5   EN supports and supplements national activities for implementing accessibility and removing 
existing barriers.  
Accessibility is included in several EU initiatives. Some detaile d accessibility requirements 
are foreseen in EU legislation related to specific products or services, or sectors. Others, such 
as the Public Procurement Directives and the European Structural and Investment Funds 
Regulations have a general accessibility re quirement (first in the 2007 -2013 period, and even 
more reinforced provisions in the 2014 -2020 period). However, a common definition of 
accessibility at European level is lacking.  
In the accompanying Action Plan 2010 -201513 to the European Disability Strate gy, under the 
specific objective of preventing, identifying and eliminating obstacles and barriers to 
accessibility, the Commission committed itself to prepare a European Accessibility Act 
setting out a general accessibility framework in relation to produc ts and services.  
1.4. Consistency with other policies and objectives of the Union  
In many cases, EU legislation addresses the situation of persons with disabilities with a focus 
on a specific area. This is the case of the Passenger Rights Regulations for all modes of 
transport (air, rail, waterborne, bus and coach) that focus on non -discrimination and the 
provision of assistance for persons with reduced mobility when using transport.14 There is also 
EU legislation concerning the accessibility of passenger t ransport vehicles, such as low 
platform buses15, rail rolling stock16 and waterborne17 and there are technical standards 
ensuring the accessibility of vehicles for different transport modes. Their scope of application 
will not be affected by this proposal. Ne vertheless, the improved accessibility of transport 
which this initiative will bring about may facilitate the provision of assistance and/or reduce 
its need and related costs.  
This proposal is in synergy with the proposal for a Directive on the accessibil ity of public 
sector bodies' websites18, which covers a specific set of public sector bodies' websites offering 
specific services. This initiative complements that proposal by addressing  some private sector 
websites. Together, they contribute the realisatio n of an inclusive e -society put forward in  the 
Digital Single Market Strategy by ensuring the accessibility of websites from providers of 
basic services to citizens. To ensure that responsible authorities have to implement the same 
                                                 
13 Initial plan t o implement the European Disability Strategy 2010 -2020, List of Actions 2010 -2015, 
SEC/2010/1324 final,  
available at: http://eur -lex.europa.eu/LexUriServ/LexUri Serv.do?uri=SEC:2010:1324:FIN:en:PDF   
14 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; Regulation (EC) 1371/2007 on rail passengers’ rights and obligations, OJ L315/14 of 3.12.2007; 
Regulation (EU) 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway, 
OJ L334/1 of 17.12.2010; Regulation (EU) 181/2011 conc erning the rights of passengers in bus and coach 
transport, OJ  L55/1 of 28.2.2011  
15 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning 
type-approval requirements for the general safety of motor vehicles, th eir trailers and systems, components 
and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1)  
16 Directive 2008/57/EC of 17 June 2008 on the interoperability of the rail system within the Community 
(Recast) (OJ L 191, 18.7.2008, p.1) and C ommission Decision 2008/164/EC of 21 December 2007 
concerning the technical specification of  interoperability relating to ‘persons with reduced mobility’ in the 
trans -European conventional and high -speed rail system (OJ L 64, 7.3.2008, p. 72)  
17 Directive 2009/45/EC on safety rules and standards for passenger ships,  OJ L163 of 25.6.2009  
18 COM(2012) 721 final,  
available at: http://eur -lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0721:FIN:EN:PDF   EN 6   EN accessibility specifica tions independent of the type of website, the web -accessibility 
requirements used in this proposed Directive are identical to those of the proposal for a 
Directive on the accessibility of public sector bodies' websites.  
By defining requirements for accessi bility, the proposal would clarify the accessibility 
obligations of EU legislation establishing obligations on accessibility without providing 
requirements or specification, for example in the field of public procurement or European 
Structural and Investme nt Funds.  
It will therefore apply to these initiatives without amending them, despite their different 
objectives and legal basis, having the benefit of detailing further what is understood by 
accessibility, contributing to improved legal certainty.  
Future  legislation with accessibility obligations could reflect the common accessibility 
requirements of this initiative improving coherence in the internal market.  
Furthermore, the concept of active ageing promoted by the European Commission during the 
European  Year for Active Ageing and Solidarity Between Generations in 2012 highlighted 
the importance of creating accessible or “age -friendly environments” to enable people to live 
an independent life in the local community for as long as possible. Accessibility i s one of its 
essential components. Given the strong correlation between disability and ageing,19 
accessibility is essential for older persons to remain active, live independently and contribute 
to the silver economy.20  
At international level, the US has a w ide framework of accessibility legislation, often with 
detailed compulsory standards and rules.21 Therefore, and as expressed by several 
stakeholders (from the ICT industry in particular), the proposal aims to bring coherence 
between provisions applicable i n US and EU rules, given the global character of some 
products and services. This aim will be facilitated by the standardisation work done under 
standardisation request M/376.22 This EU initiative on accessibility could set a framework 
where accessibility s tandards developed with a global view could help to create a transatlantic 
market.  
This proposal would foster the effective application of other standards related to accessibility 
and stemming from the Commission’s standardisation requests M/376 , M/420 and  M/473.  
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS  
2.1. Consultations with interested parties  
Numerous public consultations and studies were carried out to identify problems and needs, 
addressing Member States, industry and civil society (consumers including those with 
disabilities):  
– Online public consultation with a view to a European Accessibility Act (2012)23; 
                                                 
19 EU-SILC data and WHO Global burden of disease report.  
20 COM(2012) 83 Taking forward the Strategic Implementation Plan of the European Innovation Partnership on 
Active and Hea lthy Ageing.  
21 Section 255 of Telecoms Act, Communications and Video Accessibility Act, Section 508 of Rehabilitation 
Act, Air carriers Act, ADA (American with Disabilities Act), Help America Vote Act.  
22 Concerning European Accessibility Requirements for Public Procurement of Products and Services in the 
ICT Domain:  
http://ec.europa.eu/growth/tool s-databases/mandates/index.cfm?fuseaction=search.detail&id=333   
23 Report by Deloitte to be published at the same time of the adoption of the proposal.  EN 7   EN – Eurobarometer on Accessibility (2012)24; 
– SME Panel conducted through Enterprise Europe  Network (2012)25; 
– Direct consultations and meetings with representatives of major civil society 
organisations, including those representing people with disabilities, of industries and of 
European industry associations; among these there was a High -Level Dialogue on 
'Growth and Acc essibility' hosted by Vice -President  of the European Commission, 
Viviane Reding (December 2013);  
– 5th Disability High Level Group (Member States' experts group) Report on the 
implementation of the UN Convention on the rights of persons with disabilities26; 
– Study on the socio -economic impact of new measures to improve accessibility of 
products and services for people with disabilities (2013)27; 
– Studies on accessibility legislation in the 27 Member States and enforcement in the EU 
by the Academic Network of Euro pean Disability experts (ANED) (2012)28. 
2.2. Impact assessment  
An Impact Assessment Steering Group, led by the Directorate -General for Justice, was 
established with a wide representation of services and departments of the Commission.  
Five policy options w ere discarded at an early stage of the impact assessment process, as 
being either unrealistic, unable to meet the objectives or disproportionate.  
A preliminary screening showed that this EU initiative should only cover selected priority 
areas, where obstac les to the functioning of the single market were most visible and likely to 
increase or where action at European level would add more value. The following four options 
were retained for further impact analysis:  
Option 1:  No further action at EU level (ba seline scenario).  
Option 2:  EU Recommendation defining common accessibility requirements for the selected 
products and services, as well as, in the area of public procurement. This option addresses the 
problem in the baseline scenario by including accessi bility requirements which may be 
applied to a defined list of products and services and to public procurement processes.  
Option 3:  EU Directive defining common accessibility requirements for the selected products 
and services, as well as, in the area of p ublic procurement - applicable to the Member States 
when they regulate on accessibility. Under this option, Member States will not be required to 
legislate on accessibility requirements by a given date, but if they do or have already done so, 
they will hav e to follow EU rules in order to ensure consistency across the single market. All 
Member States will have to ensure the free circulation of accessible products and services, 
even if they do not regulate on accessibility, and to use common accessibility req uirements in 
public procurement processes.  
Option 4:  EU Directive defining common accessibility requirements for the selected products 
and services, as well as in the area of public procurement – immediately applicable to all 
Member States. This option re quires all Member States, including those which have not yet 
                                                 
24 Eurobarometer number 345:   
http://ec.europa.eu/public_opinion/archives/flash_arch_360_345_en.htm . 
25 SME Panel report by Deloitte to be published at the same time of the adoption of the proposal.  
26 http://ec.europa.eu/justice/discrimination/files/dhlg_5th_report_en.pdf  
27 Deloitte Study's final report to be published at the same time of the adoption of the proposal.  
28 www.disability -europe .net/ EN 8   EN legislated on accessibility, to introduce new legislation on accessibility in accordance with the 
EU rules proposed. It fully harmonises accessibility rules across all Member States.  
Regulatory i ntervention appeared to be the most efficient form of EU intervention for tackling 
current and expected problems in the functioning of the single market. A Directive in 
particular was found to be in line with the approach taken in previous Commission 
Commu nications and instruments and would ensure the unobstructed circulation of accessible 
products and services without going beyond what is necessary.  
The Impact Assessment report, prepared by the European Commission services, received a 
positive opinion from  the Impact Assessment Board after careful examination. The final 
version of the Impact Assessment incorporates the changes made to address the Impact 
Assessment Board's recommendations.  
 
3. LEGAL  ELEMENTS  OF THE  PROPOSAL  
3.1. Legal basis  
Article 114(1) of  the Treaty on the Functioning of the European Union (TFEU).  
3.2. Subsidiarity Principle  
The subsidiarity principle applies insofar as the issues addressed by this proposal do not fall 
under the exclusive competence of the EU.  According to Article 4(2) a) and g) of the TFEU, 
respectively, the areas of internal market and transport are areas of shared competence 
between the Union and the Member States.  
There is a need for EU action, since Member States alone cannot tackle the pr oblem, as it 
entails transnational aspects that cannot be dealt with by individual Member States’ actions. 
There are obstacles to the normal functioning of the internal market – both in the sense of 
present barriers to trade and in the sense of barriers to  the development of the full potential of 
the internal market. National differences in approach put burdens and barriers on companies 
that seek to interact across borders.  
The problems caused by the divergence of national legislations on accessibility requ irements, 
which is likely to increase with Member States implementation of their accessibility 
obligations under the UNCRPD, can only be tackled effectively through a common approach 
at EU level. Only a coherent legal framework will allow the free flow of accessible products 
and services in the internal market , as is confirmed by stakeholders' consultations.  
Action at EU level would respect the principle of subsidiarity by focusing on those products 
and services for which there is clear evidence of a signif icant internal market problem – 
because different national requirements create obstacles to trade. Hence there is the need to 
address it at EU level . Member States would continue to be fully r esponsible for regulating 
the accessibility requirements of othe r products and services.  
EU action will add value to national accessibility legislation by creating rules that will ensure 
the free movement of accessible products and services in the internal market and promoting a 
more efficient use of resources. Member States must accept products and services exported 
from another Member State when complying with the accessibility requirements of the 
proposed Directive. Ensuring this free movement will have positive economic effects. By 
creating a level playing field for  economic operators and preventing fragmentation of the 
internal market, the proposal will create legal certainty and offer economic operators an 
expanded market in which to sell their products and services. As a further benefit, consumers EN 9   EN with functional limitations, including persons with disabilities and older persons, will benefit 
from a wider choice of accessible products and services, with better quality and at lower 
prices: a triple win.  
3.3. Proportionality Principle  
Regarding proportionality, the c ontent and form of the proposed action does not exceed what 
is necessary to achieve the goal of ensuring the proper functioning of the internal market . 
The timing provided for implementation takes account of product life cycles. The products 
and services i ncluded were thoroughly selected. Accessibility obligations affect only new 
products placed in the market after the application of the Directive and for services provided 
from that date on.  
Common objectives and general rules are set, but the definition o n how to achieve those 
objectives, taking into account national circumstances, is left to the discretion of Member 
States. Hence the accessibility requirements being only defined at functional level.  
The proportionality of the obligations has been carefull y considered and is reflected for 
example in the light conformity assessment (self -declaration) and market surveillance chosen 
procedures. They are  based on those normally used in internal market harmonisation 
legislation.29 The compliance costs for manufac turers, service providers and public 
administrations have been assessed. The analysis concluded that the benefits of harmonisation 
mostly outweigh these costs.  
In addition and in line with the 'think small first' principle, safeguard clauses are introduced  to 
protect economic operators from carrying a disproportionate burden or avoiding (the costs 
imposed by) the fundamental alteration of their products and services. These clauses take into 
account inter alia the size, resources and nature of the economic o perators concerned. In line 
with Commission policy, a full exemption for microenterprises was considered but discarded 
in favour of the above mentioned clauses as these will better target the actual population of 
economic operators for which burdens may, i n individual well justified cases, potentially be 
disproportionate relative to benefits. The clauses in question also allow for a better control of 
the overall impact of these safeguards on the achievement of the objectives of the legislation . 
3.4. Impact on fundamental rights  
The proposal below would have a positive impact on several rights recognised in the Charter  
of Fundamental Rights of the European Union. Such an EU initiative would directly or 
indirectly facilitate the exercise of the following right s: the right to human dignity (Article 1), 
the right to integrity of the person (Article  3), the right to education (Article 14), the right to 
choose an occupation and the right to engage in work (Article 15), the rights of the elderly 
(Article 25), the ri ght to integration of persons with disabilities (Article 26), and the right to 
freedom of movement and residence (Article 45).  
Regarding economic operators, this proposal would have a mixed impact on rights such as the 
freedom to conduct a business (Articl e 16) and the right to property (Article 17). First and 
foremost, by increasing the potential of the internal market through the elimination of 
obstacles to trade, the initiative would be beneficial for the exercise of those two rights. In 
some cases the i nitiative could also entail a limited restriction to the exercise of those rights 
with the adoption of new rules in some Member States. However, the restrictions resulting 
from these new rules would be justified and proportional and would result in an incr ease of 
the potential for intra -EU trade, from which the economic operators themselves could benefit. 
                                                 
29 See Annex II of Decision No 768/2008/EC on the marketing of products, OJ L 218 of 13.8.2008.  EN 10   EN The new rules would also be justified with a view to promoting other fundamental rights, such 
as those mentioned above.  
3.5. Proposal  
The proposed Directi ve will provide for a common EU definition and implementation 
framework for accessibility requirements of certain products and services. The elements of the 
proposed Directive can be summarised as follows:  
Scope  
The proposed Directive will:  
– Harmonise accessibility requirements for a list of products and services; and  
– Use the same accessibility requirements to define and give content to the – already 
existing, but undefined – obligation of accessibility laid down in EU law, such as in the 
area of Public  Procurement and the Structural and Investment Funds. The scope of 
application is the one of their respective legal instruments, which is not modified by this 
proposed Directive.  
Accessibility requirements and free movement  
The proposed Directive will improve the functioning of the internal market by removing 
barriers created by divergent national legislation with harmonised compulsory accessibility 
requirements for a list of products and services. The list results from a scr eening, based on 
several external public and internal consultations, on the needs of the industry and people with 
disabilities, on an expert survey on accessibility legislation and their enforcement in 27 
Member States as well as  on the analysis of current  national legislative divergences  in nine 
EU Member States covering about 80% of the EU GDP and 77% of the EU population.  
It ensures that all products and services complying with the accessibility requirements will 
benefit from free circulation on the inte rnal market.  
It supports industry to address accessibility by using the same functional accessibility 
requirements to render operational the obligation to buy/fund accessible products and services 
as laid down in EU law.  
Safeguard clauses have been includ ed. 
Implementation by the Member States  
 The proposed Directive harmonises accessibility requirements at EU level for a number 
of products and services and removes barriers for their free circulation;  
 It does not prescribe in detail how the obligation to re nder a product or service 
accessible by complying with the defined accessibility requirements has to be achieved 
in practice. In case this still leads to obstacles in the internal market, the Commission 
can consider other options in the future to provide g uidance to Member States such as 
standardisation or implementing measures;  
 The Directive includes the possibility of using voluntary harmonised standards to 
provide presumption of conformity with the accessibility requirements;  
 In order  to secure proper im plementation and enforcement of accessibility, the Directive 
makes use of light conformity assessment (self -declaration) and existing market 
surveillance mechanisms to assess compliance of products with accessibility 
requirements. It also provides a lighte r procedure for checking compliance of services;  EN 11   EN  The Directive sets out the date of entry into force of the laws, regulations and 
administrative provisions necessary to comply with this Directive by two years after its 
entry into force at the latest;  
 The Directive requires Member States to set the application of all measures, including 
the free circulation of products and services and those prescribed in Article 3, by six 
years after the entry into force of the Directive;  
 The deadline for the application of the measures in Chapter VI – on defining 
accessibility by reference to the requirements of this Directive in the cases where EU 
law puts obligations on accessibility without further containing definitions or 
specification - is six years after the entry into force of the Directive.  
Explanatory documents  
The Commission considers that in this particular case it is justified to ask Member States to 
communicate explanatory documents to the Commission in order to clarify the relationship 
between the provisions  of this Directive and the corresponding parts of national transposition 
documents.  
– National legislation and its implementation in the field of accessibility is challenging 
due to the great variation of the legal traditions in the different Member States, for 
example some Member States regulate accessibility under anti -discrimination law, 
others under disability law, others under sector -specific legal instruments. In addition, 
this Directive covers accessibility requirements for a selected list of products and 
services. It therefore contains a wide variety of legal obligations.  
– The Directive's implementation will require the amendment of various branches of the 
national legal order in the Member States. Its provisions will be transposed through 
amendments to  national rules, laws, regulations and administrative provisions. It is 
likely that the implementation will not only concern the central/national level of 
legislation in the Member States, but touch different levels of regional and local 
legislation. The t ransposition at national level is therefore indeed expected to be 
scattered throughout the national legal order.  
For these reasons the Commission considers that explanatory documents accompanying the 
notification of transposition measures will be essentia l to understand fully the national 
transposition process. Against this background it is proportionate to ask Member States to 
take on the administrative burden of providing explanatory documents in order to achieve the 
objective of putting the Commission i n a position to carry out its task of overseeing the 
transposition of this cross -cutting Directive, which is central to the EU measures on 
accessibility.  
How will the system work?  
 The proposed Directive will prevent and dismantle existing obstacles in the internal 
market due to divergent national legislation. As a consequence, it will guide Member 
States' compliance with the UNCRPD in what concerns accessibility.  
 When entering into force, the harmonisation of accessibility in the EU will be at the 
level of  functional accessibility requirements, namely, general principles based on a 
"design for all" approach, and not at detailed technical level.  This level would be 
sufficient to ensure the good functioning of the internal market for the products and 
services  covered.  
 However, the Directive also caters for situations where further detailed harmonisation 
for some products and services would be needed or where industry needs more detail EN 12   EN and guidance to facilitate their conformity. The Directive provides for a n umber of 
options in this case: the use of voluntary harmonised standards and, in the absence of 
harmonised standards, the use of implementing acts to further define the accessibility 
requirements included. Typically these options would be used only after a  reasonable 
period of application of the Directive, and would depend on the market's/consumers' 
proved need for further harmonisation and would be based on evidence of either market 
or regulatory failures.  
 The possibility to request the development of Eu ropean standards in accordance with 
Regulation (EU) No 1025/2012 is an established way of further detailing legal 
requirements given in EU Internal market legislation. Those harmonised standards will 
contain technical details on "How" to make products and services accessible. Regulation 
(EU) No 1025/2012 also regulates transparency and inclusiveness of the standardisation 
process leading to adoption of requested standards . 
 Application of harmonised standards will remain voluntary. However, when using 
harmo nised standards, the references of which have been published in the Official 
Journal,  there is a presumption of conformity that the accessibility requirements of the 
Directive  covered by those standards or parts thereof have been complied with, allowing 
the free circulation of these products and services in the EU internal market. Regulation 
(EU) No 1025/2012 also provides for the procedures for objections to harmonised 
standards where those standards do not entirely satisfy the accessibility requirements s et 
out in this Directive.  
 The proposed Directive will support industry to address accessibility by using the same 
functional accessibility requirements to define accessibility obligation laid down in EU 
law, such as the obligation for Member States to buy/ fund accessible products and 
services enshrined in the revised Public Procurement Directives.  
Implementing powers and final provisions  
 Implementing powers will be used when there is a need to provide for uniform 
conditions for implementation of the obliga tions of this Directive.  
 The Commission shall be assisted by a committee as described in Regulation (EU) No 
182/2011. References are made to the examination procedures that are distinctively 
applied under the articles of this Directive.  
A review shall be c arried out of the application of this Directive within five years from its 
application.  
4. BUDGETARY  IMPLICATION   
The proposal has very limited budgetary implications. The only operational costs relate to the 
preparation of the report on the application of  this Directive, i.e. operational appropriation of 
€0.2 million under existing budget line, as well as administrative expenditure of around 
€0,182 million per year after the adoption of the Directive for running the related committee 
meetings. This expendi ture will be borne by internal redeployment and not entail an increase 
in the funds.  EN 1   EN 2015/0278 (COD)  
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  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE  EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article  114 thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national Parliaments,  
Having regard to the opinion of the European Economic and Social Committee30, 
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(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.  
(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 wher e products and services are more 
accessible allows for a more inclusive society and facilitates independent living.  
(3) The disparities between the laws and administrative measures adopted by the Member 
States in relation to accessibility of products and s ervices 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 med ium-sized enterprises (SMEs), are 
particularly affected by those barriers.  
(4) Due to the differences in national accessibility requirements, individual professionals, 
SMEs and micro -enterprises in particular  are discouraged from entering into business 
ventures outside their own domestic markets. The national, or even regional or local, 
accessibility requirements that Member States have put in place currently differ as 
regards both coverage and level of detail. Those differences negatively affect 
competitiv eness and growth, due to the additional costs incurred in the development and 
marketing of accessible products and services for each national market.  
                                                 
30 OJ C , , p. .  EN 2   EN (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.  
(6) The approximation of na tional 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 trad e 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.  
(7) The benefits of harmonising accessibility requirements for  the internal market have been 
demonstrated by the application of Directive 2014/33/EU of the European Parliament and 
of the Council regarding lifts31 and Regulation (EC) No 661/2009 of the European 
Parliament and of the Council32 in the area of transport.  
(8) In Declaration No 22 annexed to the Treaty of Amsterdam, the Conference of the 
Representatives of the Member States agreed that, in drawing up measures under Article 
114 of the Treaty, the institutions of the Union are to take account of the needs of pe rsons 
with disabilities.  
(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 Fundamenta l Rights of the European Union.  
(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.  
(11) In accordance with Article 216(2) of the Treaty, agreements concluded by the Union are 
binding upon the institutions of the Union and on its Member States. Thus, after the 
conclusion by the Union of the United Nations Convention on the Rights of Persons  with 
Disabilities (the Convention), its provisions have become an integral part of the Union 
legal order.  
(12) In its Article 9, the Convention requires its parties to the Convention to take appropriate 
measures to ensure that persons with disabilities h ave access to the physical environment, 
to transportation, to information and communications, including information and 
communications technologies and systems, and to other facilities and services open or 
                                                 
31 Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation 
of the laws of the Member Sta tes relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p.251).  
32 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type -
approval requirements for the general safety of motor vehicles, t heir trailers and systems, components and 
separate technical units intended therefor (OJ L 200, 31.7.2009, p.1).  EN 3   EN provided to the public, both in urban and in rural  areas, on an equal basis with others. The 
United Nations Committee on the Rights of Persons with Disabilities has indicated the 
need to create a legislative framework with concrete, enforceable and time -bound 
benchmarks for monitoring the gradual implemen tation of accessibility.  
(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 dis parities between national provisions .  
(14) It is therefore necessary to facilitate the implementation of the Convention by providing 
common Union rules.  
(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.  
 (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.  
(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.  
(18) It is necessary to introduce the accessibility requirements in the least burdensome manner 
for the economic opera tors and the Member States, notably by only including in the scope 
the products and services which have been thoroughly selected.  
(19) It is therefore necessary to specify accessibility requirements for the placing on the 
market of products and services w hich fall within the scope of this Directive in order to 
ensure their free circulation in the internal market.  
(20) This Directive should make compulsory the use of functional accessibility requirements 
in terms of general objectives. These should be prec ise enough to create legally binding 
obligations and sufficiently detailed so as to make it possible to assess conformity in 
order to ensure the good functioning of the internal market for the products and services 
covered.  
(21) The Commission’s proposal f or 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 compli ance 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 o f, 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 th e accessibility of public sector bodies’ websites. Activities of 
ecommerce of public sector websites not covered by that Directive, fall under the scope 
                                                 
33 COM (2010) 636.  
34 Proposal for a Directive of the European Parliament and of the Council on the accessibility of public sector 
bodies' websit es COM(2012) 721.  EN 4   EN of this proposal, in order to ensure that the online sale of products and services is 
accessible for pe rsons with disabilities and older persons, irrespective of their public or 
private sale.  
(22) Member States shall take all appropriate measures to ensure that, where the products and 
services covered by this Directive comply with the relevant accessibility  requirements, 
their free movement within the Union is not impeded due to reasons of accessibility.  
(23) In some situations, common accessibility requirements of the built environment would 
facilitate the free movement of the related services and of perso ns 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.  
(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 Directiv e. That is the case of 
Directive 2014/23/EU of the European Parliament and of the Council,35 Directive 
2014/24/EU of the European Parliament and of the Council,36 and Directive 2014/25/EU 
of the European Parliament and of the Council,37 which require that tec hnical 
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.  
(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.  
(26) Most jobs in the Union are provided by SMEs and micro -enterprises. They have a crucial 
importance for future growth, but very often face hurdles and obstacles in developing 
their products or services, notably in the cross -border context. It is therefore necessary to 
facilitate the work of the SMEs and micro -enterprises by harmonising the national 
provisions on accessibility while maintaining the necessary safeguards.  
(27) This Directive should be based on Decision No 768/2008/EC of the European Parliament 
and of the Cou ncil38 as it concerns products already subject to other Union acts, this way 
ensuring the consistency of Union legislation.  
(28) All economic operators intervening in the supply and distribution chain should ensure 
that they make available on the market onl y 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 proc ess. 
(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.  
                                                 
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°.  
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 pos tal services sectors and repealing Directive 2004/17/EC 
(OJ L 94, 28.3.2014, p. 243).  
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 (OJ L 218, 13/08/2008, p. 82).  EN 5   EN (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.  
(31) Distributors and importers should be involved in market surveillance tasks carried out by 
national authorities, and should participate actively, providing the competent authorities 
with all necessary information relating to the product concerned.  
(32) Impor ters 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 reg ard to those products.  
(33) When placing a product on the market, every importer should indicate, on the product, its 
name and the address at which the company can be contacted.   
(34) Distributors should ensure that their handling of the product does not  adversely affect the 
compliance of the product with the accessibility requirements of this Directive.  
(35) Any economic operator that either places a product on the market under his own name or 
trademark or modifies a product in such a way that complianc e with applicable 
requirements may be affected should be considered to be the manufacturer and should 
assume the obligations of the manufacturer.  
(36) For reasons of proportionality, accessibility requirements should only apply to the extent 
that they do n ot 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.  
(37) This Directive should follow the pr inciple of 'think small first' and should take account of 
the administrative burdens that SMEs are faced with. It should set light rules in terms of 
conformity assessment and should establish safeguard clauses for economic operators, 
rather than providing for general exceptions and derogations for those enterprises. 
Consequently, when setting up the rules for the selection and implementation of the most 
appropriate conformity assessment procedures, the situation of SMEs should be taken 
into account and the obligations to assess conformity of accessibility requirements should 
be limited to the extent that they do not pose a disproportionate burden on SMEs. In 
addition, market surveillance authorities should operate in a proportionate manner in 
relation to the  size of undertakings and to the small serial or non -serial nature of the 
production concerned, without creating unnecessary obstacles for SMEs and without 
compromising the protection of public interests.  
(38) All economic operators should act responsibly and in full accordance with the legal 
requirements applicable when placing or making products available on the market or 
providing services on the market.  
(39) In order to facilitate conformity assessment with applicable requirements it is necessary 
to pro vide 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 
                                                 
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, 20 07/23/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)  EN 6   EN purpose of e xpressing 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 harmonis ed standards.  
(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.  
(41) To ensure effective access to information for market surveillance purposes, the 
information required to declare compliance with all applicable Union acts should be 
available in a single EU declaration of conformity. In order to reduce the a dministrative 
burden on economic operators, they should be able to include in the single EU declaration 
of conformity relevant individual declarations of conformity.  
(42) For conformity assessment of products, this Directive should use the Internal Product ion 
Control of "Module A", described in Annex II to Decision No 768/2008/EC, as it enables 
economic operators to demonstrate, and the competent authorities to ensure, that products 
made available in the market conform to the accessibility requirements whil e not 
imposing a disproportionate burden.  
(43) For services, the information necessary to assess the conformity with the accessibility 
requirements should be provided in the general terms and conditions, or equivalent 
document.  
(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 
principl es 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.  
(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.  
(46)  In accordance with Decision No 768/2008/EC , Member States are responsible for 
ensuring strong and efficient market surveillance of products in their territories and 
should allocate sufficient powers and resources to their market surveillance authorities.  
(47) Member States should check the complia nce of services with the obligations of this 
Directive and should follow up complaints or reports related to non -compliance in order 
to ensure that corrective action has been taken.  
(48) Member States are expected to ensure that market surveillance authori ties check the 
compliance of the economic operators with the criteria referred to in Article 12 (3) in 
accordance with Chapter V.  
(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 . 
                                                 
40 Regulation (EC) No 765/20 08 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).  EN 7   EN (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.  
(51) Where the Member States and the Commission agree as to the justification of a measure 
taken by a Member State, no further involvement of the Commission should be required, 
except where non -compliance can be attributed to shortcomings of a harmonised 
standard.  
(52) In order to ensure uniform conditions for the implementation of chapter IV of this 
Directive, implementing powers should be conferr ed on the Commission. Those powers 
should be exercised in accordance with Regulation (EU) No 182/2011 of the European 
Parliament and of the Council .41 
(53) In accordance with the Joint Political Declaration of Member States and the Commission 
on explanatory  documents of 28 September 2011, Member States have undertaken to 
accompany, in justified cases, the notification of their transposition measures with one or 
more documents explaining the relationship between the components of a Directive and 
the correspon ding parts of national transposition instruments. With regard to this 
Directive, the legislator considers the transmission of such documents to be justified.  
(54) Since the objective of this Directive, namely, the elimination of barriers to the free 
moveme nt of certain accessible products and services to contribute to the proper 
functioning of the internal market, cannot be sufficiently achieved by the Member States 
because it requires the harmonisation of different rules currently existing in their 
respect ive legal systems, but can rather, by reason of defining common accessibility 
requirements and rules for the functioning of the single market, be better achieved at 
Union level, the Union may adopt measures, in accordance with the principle of 
subsidiarity  as set out in Article  5 of the Treaty on European Union. In accordance with 
the principle of proportionality, as set out in that Article, this Directive does not go 
beyond what is necessary in order to achieve that objective,  
HAVE ADOPTED THIS DIRECTIVE:  
  
                                                 
41 Regulatio n (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down 
the rules and general principles concerning mechanisms for control by the Member States of the Commission’s 
exercise of implementing powers (OJ L 55, 28.02.201 1, p. 13).  EN 8   EN CHAPTER I  
GENERAL PROVISIONS  
Article 1  
Scope  
1. Chapters I, II to V, and VII apply to the following products:  
(a) general purpose computer hardware and operating systems;  
(b) the following self -service terminals:  
(i) Automatic Teller Machines;  
(ii) ticketing mac hines;  
(iii) check -in machines.  
(c) consumer terminal equipment with advanced computing capability related to 
telephony services;  
(d) consumer terminal equipment with advanced computing capability related to 
audio -visual media services.  
2. Chapters I, II to V, and VII, apply to the following services:  
(a) telephony services and related consumer terminal equipment with advanced 
computing capability;  
(b) audiovisual media services and related consumer equipment with advanced 
computing capability;  
(c) air, bus, rail and water borne passenger transport services;  
(d) banking services;  
(e) e-books;  
(f) e-commerce.  
3. Chapters I, VI and VII of this Directive apply to the following:  
(a) public contracts and concessions which are subject to Directive 2014/23/EU42 
Directive 2014/24/EU and Directive 20 14/25/EU.  
(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 
                                                 
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)  EN 9   EN and the European Maritime and Fisheries Fund;43 and Regulation (EU) No 
1304/2013 of the European Parliament and of the Council.44 
(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 
(d) transport infrastructure in accordance with Regulation  (EU) No 1315/2013 of the 
European Parliament and of the Council.46 
Article 2  
Definitions  
For the purposes of t his Directive, the following definitions shall apply:  
(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 b asis with others;   
(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 desig n; “universal design” does 
not exclude assistive devices for particular groups of persons with functional 
limitations , including persons with disabilities where this is needed;  
(3) “persons with functional limitations” means persons who have any physical, men tal, 
intellectual or sensory impairment, age related impairment, or other human body 
performance related causes, permanent or temporary, which in interaction with various 
barriers result in their reduced access to products and services, leading to a situat ion that 
requires adaptation to their particular needs of those products and services;  
(4) “persons with disabilities” include persons who have long -term physical, mental, 
intellectual or sensory impairments which in interaction with various barriers may 
hinder their full and effective participation in society on an equal basis with others;  
(5) “product” means a substance, preparation or good produced through a manufacturing 
process other than food, feed, living plants and animals, products of human origin and 
products of plants and animals relating directly to their future reproduction;  
(6) "audiovisual media services" means services within the meaning of Article  1(1)(a) of 
Directive 2010/13/EU of the European Parliament and of the Council;47 
                                                 
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 Eu ropean Parliament and of the Council of 17 December 2013 on the 
European Social Fund and repealing Council Regulation (EC) No 1081/2006.  
45 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public 
passenger tra nsport services by rail and by road and repealing Council Regulations (EEC) 1191/69 and 1107/70 
(OJ L 315 of 3.12.2007, p.1).  
46 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union 
guidelines for the devel opment of the trans -European transport network (OJ L 348, 20.12.2013, p.1).  EN 10   EN (7) “Telephony services” means  services within the meaning of Article 2(c) of Directive 
2002/21/EC of the European Parliament and of the Council ;48 
(8) “making available on the market” means any supply of a product for distribution, 
consumption or use on the Union market in the course of a commercial activity, whether 
in return for payment or free of charge;  
(9) “placing on the market” means the first making available of a product on the Union 
market;  
(10) “manufacturer” means any natural or legal person who manufactures a product or has a 
product de signed or manufactured, and markets that product under his name or 
trademark;  
(11) “authorised  representative” means any natural or legal person established within the 
Union who has received a written mandate from a manufacturer to act on his behalf in 
relation  to specified tasks;  
(12) “importer” means any natural or legal person established within the Union who places a 
product from a third country on the Union market;  
(13) “distributor” means any natural or legal person in the supply chain, other than the 
manufacturer or the importer, who makes a product available on the market;  
(14) “economic operators” means the manufacturer, the authorised representative, the 
importer, the distributor, and the service provider;  
(15) “consumer” means any natural person who purchases the releva nt product or is a 
recipient of the relevant service for purposes which are outside his trade, business, craft 
or profession;   
(16) “microenterprise” means an enterprise which employs fewer than 10 persons and whose 
annual turnover and/or annual balance sheet total does not exceed EUR 2 million.  
(17) "harmonised standard’ means harmonised standard as defined in point 1(c) of Article 2 
of Regulation (EU) No 1025/2012;  
(18) "common technical specifications" means a technical specification as defined in Article 
2(4) of Regu lation (EU) No 1025/2012 that provides a means to comply with the 
accessibility requirements applicable to a product or service;  
(19) “recall” means any measure aiming at the return of a product that has already been 
made available to the end user;  
(20) “withdrawal”  means any measure aiming at preventing a product in the supply chain 
from being made available on the market;  
(21) “e-commerce” means the online sale of products and services.  
  
                                                                                                                                                             
47 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 actio n in Member States concerning the 
provision of audiovisual media services (OJ L 95, 15.04.2010, p. 1)  
48 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory 
framework for electronic communications networ ks and services (OJ L 108, 24.4.2002, p. 33).  EN 11   EN CHAPTER II  
ACCESSIBILITY REQUIREMENTS AND FREE MOVEMENT  
Article 3  
Accessibility r equirements  
1. Member States shall ensure that the products and services referred to in Article 1(1) and 
1(2) comply with the accessibility requirements set out in Annex I in accordance with 
paragraphs 2 to 9 of this Article.  
2. General purpose computer h ardware and operating systems shall comply with the 
requirements set out in Section I of Annex I.  
3. The following self -service terminals: Automatic Teller Machines, ticketing machines 
and check -in machines shall comply with the requirements set out in Sec tion II of 
Annex I.  
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.  
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. 
6. Air, bus, rail and waterborne passenger transport services, the websites, the mobile 
device -based services, smart tick eting 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.  
7. Banking services, t he 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.  
8. E-books shall comply with the requirements set out in Section VII of Annex I.  
9. E-commerce shall comply with the requirements set out in Section VIII of Annex I.  
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 ope rators 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.  
Article 4  
Free movement  
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.  EN 12   EN CHAPTER III  
OBLIGATIONS OF ECONOMIC OPERATORS  
Article 5  
Obligations of manufacturers  
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.  
2. Manufacturers  shall draw up the technical documentation in accordance with Annex  II 
and carry out the conformity assessment procedure set out in that Annex or have it 
carried out.  
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.  
3. Manufacturers shall ensure that procedures are in place for series production to remain 
in conformity. Changes in product design or chara cteristics and changes in the 
harmonised standards or in other technical specifications and by reference to which 
conformity of a product is declared shall be adequately taken into account.  
4. Manufacturers shall keep a register of complaints, of non -confo rming products and 
products recalls, and shall keep distributors informed of any such monitoring.  
5. Manufacturers shall ensure that their products bear a type, batch or serial number or 
other element allowing their identification, or, where the size or na ture of the product 
does not allow it, that the required information is provided on the packaging or in a 
document accompanying the product.  
6. Manufacturers shall indicate their name, registered trade name or registered trade mark 
and the address at which  they can be contacted on the product or, where that is not 
possible, on its packaging or in a document accompanying the product. The address 
must indicate a single point at which the manufacturer can be contacted.  
7. Manufacturers shall ensure that the pr oduct 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.  
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 r isk 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.  
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 und erstood 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.  EN 13   EN Article 6  
Authorised  representatives  
1. A manufacturer may, by a written mandate, appoint an authorised representative. The 
obligations laid down in Article 5(1) and the drawing up of technical documentation 
shall not form part of the authorised represent ative’s mandate.  
2. An authorised representative shall perform the tasks specified in the mandate received 
from the manufacturer. The mandate shall allow the authorised representative to do at 
least the following:  
(a) further to a reasoned request from a compe tent national authority, provide that 
authority with all the information and documentation necessary to demonstrate the 
conformity of a product;  
(b) co-operate with the competent national authorities, at their request, on any action 
taken to eliminate the risk s posed by products covered by their mandate.  
Article 7  
Obligations of importers  
1. Importers shall place only compliant products on the market.  
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 t he manufacturer has complied with the requirements 
set out in Article 5(5) and (6).  
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.  
4. Importers shall indicate their name,  registered trade name or registered trade mark and 
the address at which they can be contacted on the product or, where that is not possible, 
on its packaging or in a document accompanying the product.  
5. Importers shall ensure that the product is accompan ied 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.  
6. Importers shall ensure that, while a product is under their responsibility, storage or 
transport conditions do not jeopardise its compliance with the accessibility requirements 
referred to in Article 3.  
7. Importers shall keep a register of complaints, of non -conforming products and product 
recalls, and shall keep distributors informed of su ch monitoring.  
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 tha t 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 EN 14   EN the Member States in which they made the product available to th at effect, giving 
details, in particular, of the non -compliance and of any corrective measures taken.  
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 mar ket. 
Article 8  
Obligations of distributors  
1. When making a product available on the market distributors shall act with due care in 
relation to the requirements of this Directive.  
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 mad e 
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).  
3. Where a distributor considers or has reason to believe that a product is not in conformity 
with th e 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.  
4. Distributors shall ensure that, while a product is under their responsibility, storage or 
transport conditions do not jeopardise  its compliance with the requirements referred to 
in Article 3.  
5. Distributo rs 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 
withdr aw 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.  
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 .  
Article 9  
Cases in which obligations of manufacturers apply to importers and d istributors  
An importer or distributor shall be considered a manufacturer for the purposes of this Directive 
and he shall be subject to the obligations of the manufacturer under Article 5, where they place a 
product on the market under his name or trademar k or modifies a product already placed on the 
market in such a way that compliance with the requirements of this Directive may be affected.  EN 15   EN Article 10  
Identification of economic operators  
1. Economic operators shall, on request, identify the following to the market surveillance 
authorities:  
(a) any economic operator who has supplied them with a product;  
(b) any economic operator to whom they have supplied a product.  
2. Economic operators shall be able to present the information referred to in paragraph 1 
for a pe riod of 10 years after they have been supplied with the product and for a period 
of 10 years after they have supplied the product.  
Article 11  
Obligations of service providers  
1. Service providers shall ensure that they design and provide services in accor dance with 
Article 3.  
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.  
3. Service providers shall ensu re that procedures are in place guaranteeing that the 
continuous provision of services remains in conformity with the accessibility 
requirements referred to in Article 3. Changes in the characteristics of the provision of 
the service and changes in accessi bility requirements referred to in Article 3 shall be 
adequately taken into account by the service providers. In case of non -conformity, 
service providers shall take the necessary corrective measures to bring the service in 
conformity with the accessibilit y requirements referred to in Article 3.  
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.  
Article 12  
Fundamental alteration and disproportionate burden  
1. The accessibility requirements referred to in Article 3 apply to the extent that they do 
not introduce a significant change in an aspect or feature of a product or service that 
results in the alteration of the basic nature of the product or service.  
2. Accessibility requirements referred to in Article 3 apply to the extent that they do not 
impose a disproportionate burden on the economic operators concerned.  
3. In order to assess whether compliance with accessibility requirements regarding 
products or serv ices imposes a disproportionate burden, the economic operators shall 
take account, of the following:  EN 16   EN (a)  the size, resources and nature of the economic operators;  
(b) the estimated costs and benefits for the economic operators in relation to the 
estimated benefi t for persons with disabilities, taking into account the frequency 
and duration of use of the specific product or service.  
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.  
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.  
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.  
CHAPTER IV  
HARMONISED STANDARDS , COMMON TECHNICAL 
SPECIFICATIONS AND C ONFORMITY OF PRODUCT S AND SERVICES  
Article 13  
Presumption of conformity  
Products and services which are in conformity with harmonised standards or parts thereof the 
referenc es 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 .  
Article 14  
Common technical spe cifications  
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.  
  EN 17   EN Article 15    
EU declaration of conformity of products  
1. The EU declaration of conformity shall state that the  fulfilment  of the relevant 
accessibility requirements referred to in Article 3 has been demonstrated. Where the 
exception provided for in Article 12 has been used, the EU declaration of conformity 
shall state which accessibility requirements are subject to that exce ption.  
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.  
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.  
4. By drawing up the EU declaration of conformity, the manufacturer shall assume 
responsibility for the compliance of the product.  
Article 16    
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.  
CHAPTER V  
MARKET SURVEILLANCE, COMPLIANCE AND UNION SAFEGUARD 
PROCEDURE  
Article 17  
Market surveillance of products  
1. Article 15(3) and 16 to 29  of Regulation (EC) No 765/2008 shall apply to products.  
2. When carrying out market surveillance of products market surveillance authorities shall 
review the assessment referred to in Article 12.  
3. Member States shall ensure that information held by mark et surveillance authorities 
concerning the compliance of economic operators with the applicable accessibility 
requirements set out in Article 3 and the assessment of the exceptions provided for in 
Article 12, is made available to consumers upon request and  in an accessible format, 
except where that information cannot be provided for reasons of confidentiality as 
provided for in Article 19(5) of Regulation (EC) No 765/2008.  
  EN 18   EN Article 18  
Compliance of services  
1. Member States shall establish, implement and periodically update adequate procedures 
in order to:  
(a) check the compliance of services listed in Article 1(2) with the requirements set 
out in this Directive  and the assessment of the exceptions provided for in Article 
12; 
(b) follow up complaints or reports on  issues relating to non -compliance of services 
referred to in Article 1(2) with the accessibility requirements set out in Article 3;  
(c) verify that the economic operator has taken the necessary corrective action.  
2. Member States shall designate the market surveillance authorities responsible for the 
implementation of the procedures referred to in paragraph 1.  
Member States shall ensure that the public is informed of the existence, responsibilities 
and identity of the authorities referred to in the first sub paragraph. Those authorities 
shall make the information available in accessible formats upon request.  
Article 19  
Procedure for dealing with products presenting a risk related to accessibility at national level  
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, in the course of tha t 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 th e 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.  
Article 21 of Regulation (EC) No 765/2008 shall apply t o the measures referred to in 
the second subparagraph.  
2. Where the market surveillance authorities consider that non -compliance is not restricted 
to their national territory, they shall inform the Commission and the other Member 
States of the results of t he evaluation and of the actions which they have required the 
economic operator to take.  
3. The economic operator shall ensure that all appropriate corrective action is taken in 
respect of all the products concerned that it has made available on the market  
throughout the Union.  
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 meas ures to prohibit or 
restrict products being made available on their national markets, to withdraw the EN 19   EN product from that market or to recall it. The market surveillance authorities shall inform 
the Commission and the other Member States, without delay, of t hose measures.  
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 fol lowing:  
(a) the failure of the product to meet requirements relating to those set out in Article 3 
of this Directive, or  
(b) the shortcomings in the harmonised standards referred to in Article 13 conferring 
a presumption of conformity.  
6. Member States other than  the Member State initiating the procedure shall without delay 
inform the Commission and the other Member States of any measures adopted and of 
any additional information at their disposal relating to the non -compliance of the 
product concerned, and, in th e event of disagreement with the notified national measure, 
of their objections.  
7. Where, within three months of receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member State or the Commission in respect of a  
provisional measure taken by a Member State, that measure shall be deemed justified.  
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, wi thout 
delay.  
Article 20  
Union safeguard procedure  
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 contrar y 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 Commissio n shall decide whether the national measure is 
justified or not.  
The Commission shall address its decision to all Member States and shall immediately 
communicate it to them and the relevant economic operator or operators.  
2. If the national measure is con sidered justified, all Member States shall take the 
measures necessary to ensure that the non -compliant product is withdrawn from their 
market, and shall inform the Commission accordingly. If the national measure is 
considered unjustified, the Member State  concerned shall withdraw the measure.  
3. Where the national measure is considered justified and the noncompliance of the 
product is attributed to shortcomings in the harmonised standards referred to in Article 
19(5)(b), the Commission shall apply the proc edure provided for in Article 11 of 
Regulation (EU) No 1025/2012 . 
 EN 20   EN CHAPTER VI  
ACCESSIBILITY REQUIREMENTS IN OTHER UNION LEGISLATION  
Article 21   
Applicability of accessibility requirements to other Union acts  
The Accessibility requirements set out in Section IX of Annex I shall apply:  
(a) When establishing the technical specifications and award criteria related to all 
public contracts and concessions the object of which is intended for use by 
persons, whether general public or staff of the contracting auth ority or contracting 
entity, which are subject to Directive 2014/23/EU,49 Directive 2014/24/EU50 and 
Directive 2014/25/EU.51 
(b) When establishing the accessibility requirements referred to in the preparation and 
implementation of programmes under Regulation (EC)  No 1303/2013 on the 
European Regional Development Fund, the European Social Fund, the Cohesion 
Fund and the European Agricultural Fund for Rural Development and the 
European Maritime and Fisheries Fund and Regulation (EU) No 1304/2013 on the 
European Soci al Fund;  
(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;   
(d) To transport infrastructure in accordance with Article 37 of Regulation  (EU) No 
1315/2013.  
Article 22  
Disproportionate burden  
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.  
2. In order to assess whether compliance with accessibility requirements referred to in 
Article 21 imposes a disproportionate burden, the competent authorities concerned shall 
take account, of the f ollowing:  
(a) the size, resources and nature of the competent authorities concerned;  
(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;  
                                                 
49 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of 
concession contracts.  
50 Directive 2014/24/EU of the European Parliament and of the Council of 26 February  2014 on public 
procurement.  
51 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by 
entities operating in the water, energy, transport and postal services sectors.  EN 21   EN 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.  
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.  
 
Article 23  
Common techni cal specifications for other Union acts  
Conformity with CTS adopted in accordance with Article 14(1) or parts thereof shall provide 
compliance with Article 21.  
CHAPTER VII  
IMPLEMENTING POWERS AND FINAL PROVISIONS  
Article 24  
Committee procedure  
1. The Commi ssion shall be assisted by a committee . That committee shall be a committee 
within the meaning of Regulation (EU) No  182/2011.  
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 
shall apply.  
Article 25  
Enforcement  
1. Member States shall ensure that adequate and effective means exist to ensure 
compliance with this Directive.  
2. The means referred to paragraph 1 shall include:  
(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;  
(b) provisions whereby public bodies or private associations, organisations or other 
legal entities which have a legitimate interest, in e nsuring 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.  
Article 26  
Penalties  
1. Member States shall lay down the rules on penalties applicable to infringements of the 
national provisions adopted pursuant to this Directive and shall take all measures 
necessary to ensure that they are implemented .  
2. The penalties provided for shall be effective, proportionate and dissuasive.  EN 22   EN 3. Member States shall, without delay, notify the Commission of those rules and of those 
measures and shall notify it, without delay, of any subsequent amendment affecting 
them.   
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.  
Article 27  
Transposition  
1. Member States shall adopt a nd publish, by [ … insert date - two years after the entry into 
force of this Directive ] at the latest, the laws, regulations and administrative provisions 
necessary to comply with this Directive. They shall forthwith communicate to the 
Commission the text of those provisions.  
2. They shall apply those provisions from [… insert date -  six years after the entry into 
force of this Directive].  
3. When Member States adopt those provisions, they shall contain a reference to this 
Directive or be accompanied by s uch a reference on the occasion of their official 
publication. Member States shall determine how such reference is to be made.  
4. Member States shall communicate to the Commission the text of the main provisions of 
national law which they adopt in the fiel d covered by this Directive.  
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 pro gress made in their implementation.  
Article 28   
Report and review  
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. The report shall, inter alia, address in the light of social, economic and technological 
developments the evolution of the accessibility of pro ducts 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.  
2. Member States shall communicate to the Commission  in due time all the information 
necessary for the Commission to draw up such a report.  
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.  
Article 29  
This Directive shall enter into force on the twentieth day following that of its publication in the 
Official Journal of the European Union . EN 23   EN Article 30  
This Directive is addressed to the Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President  EN 24   EN LEGISLATIVE FINANCIAL STATEMENT  
FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
Title of the proposal/initiative  
Proposal f or 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 of products and services and amending Regulation (EC) No  
2006/2004.  
 
Policy area(s) concerned in the ABM/ABB structure52 
Title 33 (co -delegation to EMPL)  
 
Nature of the proposal/initiative  
X The proposal/initiative relates to a new action  
 The proposal/initiative relates to a new action following a pilot 
project/preparatory action53  
 The proposal/initiative relates to the extension of an existing action   
 The proposal/initiative relates to an action redirected towards a new action   
Objective(s)  
The Commission's multiannual strategic objective(s) targeted  by the proposal/initiative   
To address commitments undertaken in the European Disability Strategy 2010 -2020 by 
removing internal market barriers to the free circulation of a targeted set of products and 
services that are important to support the full part icipation of people with disabilities in 
society.  
 
Specific objective(s) and ABM/ABB activity(ies) concerned  
Specific objective: to promote and protect the rights of people with disabilities  
ABM/ABB activity(ies) concerned Rights of persons with disabilit ies (co -delegation from 33 
02) 
                                                 
52 ABM: activity -based management – ABB: activity -based budgeting.  
53 As referred to in Article  54(2)(a) or (b) of the Financial Regulation.  EN 25   EN Expected result(s) and impact  
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.  
Improve the functioning of the internal market of specific accessible products and services, 
also in the area of public procurement.  
Facilitate the work for industry and serving the needs of consumers with functional 
limitations including older persons and those with disabilities.  
Lower barriers to cross -border trade and increase competition in the selected products and 
services and in the area of public procurement.  
Facilitate access by consumers with disabilities to a wider range of competitively priced 
accessible products and services.  
 
Indicators of results and impact  
Specify the indicators for monitoring implementation of the proposal/initiative.  
Number of products for which a technical file for CE marking is prepared that includes 
accessibility;  
Number of public calls for tender with reference to accessibility and EU level accessibility 
requirements;  
Number of complaints on products and services because they do not comply with accessibility 
requirements;  
Number of court cases on accessibility problems for the concerned products and  services;  
Availability of harmonised accessibility standard s adopted by European standardisation 
organisations;  
Number of new EU legal Acts that make reference to the EAA to define accessibility.  
 
Grounds for the proposal/initiative  
Requirement(s) to be met in the short or long term   
Remove divergences of nationa l accessibility requirements related to products and services 
placed and provided in the EU market and related to public procurement specifications, which 
leads to a fragmentation of the internal market.  
Defining common EU accessibility requirements for s elected products and services and for 
public procurement of products and services.  
Improving enforcement of accessibility requirements.  
 
Added value of EU involvement  
The proposal will eliminate internal market fragmentation causing obstacles to cross -border 
trade and distortions of competition, as well as enhance the protection of consumers, taking 
into account new market developments.  
Only action at the EU level can create a harmonised and coherent legal framework that will 
allow a free flow of accessib le products and services in the internal market.  EN 26   EN This initiative will contribute to a coherent and effective implementation of the UN 
Convention across the EU facilitating Member States' compliance with the above mentioned 
international commitments benefi ting industry and consumers.  
Lessons learned from similar experiences in the past  
Currently the area is only partially regulated at EU level.  
Experiences on the Directive 2001/83/EC on Packaging of medicines, Directive 95/16/EC on 
Lifts or in the area of  Transport Regulation (EC) No 661/2009 have shown the benefits of 
harmonising accessibility requirements for the Internal market.  
In addition there are a number of problem drivers that justify the need of EU action in the 
areas under the scope of the propo sed Directive:  
The divergence of national accessibility requirements is driven either by lack of EU 
coordination of which products and services should be accessible or, when EU law or 
International agreements prescribes at a general level that certain prod ucts or services need to 
be accessible (for instance the UN Convention or the EU public procurement rules), it does 
not provide detailed rules on which accessibility requirements would actually apply.  
Currently, this is left completely to the discretion o f national authorities, which has resulted in 
the current patchwork of divergent accessibility requirements.  
 
 
Compatibility and possible synergy with other appropriate instruments  
This proposal is consistent with the objectives of the European Disability Strategy 2010 -2020 
and the UN Convention on the rights of persons with disabilities to which the EU and the 
majority of Member States are a party.  
The proposal is complementary to existing EU law addressing assistance to persons with 
disabilities or with r educed mobility like the Passenger Rights in all modes of transport (air, 
rail, waterborne, bus and coach).  
The proposal also complements the proposal for a web accessibility Directive that covers in 
its scope only certain public sector websites.  
 EN 27   EN Duratio n and financial impact  
 Proposal/initiative of limited duration  
 Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  
 Financial impact from YYYY to YYYY  
X Proposal/initiative of unlimited duration  
Implementation with a start -up period from  YYYY to YYYY,  
followed by full -scale operation.  
Management mode(s) planned54  
From the 2015 budget  
X Direct management  by the Commission  
 by its departments, including by its staff in the Union delegations;  
 by the executive agencies;  
 Shared management  with the Member States  
 Indirect management by delegating implementation tasks to:  
 third countries or the bodies they have designated;  
 international organisations and their agencies (to be specified);  
the EIB and the European Investment F und; 
 bodies referred to in Articles 208 and 209 of the Financial Regulation;  
 public law bodies;  
 bodies governed by private law with a public service mission to the extent that 
they provide adequate financial guarantees;  
 bodies governed by the private law of a Member State that are entrusted with the 
implementation of a public -private partnership and that provide adequate financial 
guarantees;  
 persons entrusted with the implementation of specific actions in the CFSP 
pursuant to Title V of the TEU, and identified in the relevant basic act.  
If more than one management mode is indicated, please provide details in the "Comments" section.  
Comments  
The implementation is not expected to require significant funds.  
                                                 
54 Details of management modes and references to the Financial Regulation may be found on the BudgWeb 
site: http://ec.europa.eu/budget/biblio/documents/regula tions/regulations_en.cfm  EN 28   EN MANAGEMENT  MEASURES   
Monitoring and reporting rules  
Specify frequency and conditions.  
By five years after the application of the Directive, and thereafter every five years, the 
Commission shall submit to the European Parliament,  the Council and the European 
Economic and Social Committee a report on the application of this Directive, accompanied, 
where necessary, by proposals for adapting it to social, technical and economic developments, 
in particular with respect to the proper f unctioning of the internal market  
The Commission shall be assisted by a committee . That committee shall be a committee 
within the meaning of Regulation (EU) No  182/2011.  
 
Management and control system  
Risk(s) identified  
Late transposition of the Directive by Member States  
Inadequate monitoring (and evaluation) of the Directive’s transposition  
No specific financial risk.  
 
Information concerning the internal control system set up  
Standard Commission control/infringement procedures concerning the tra nsposition and 
enforcement of the Directive.  
 
Estimate of the costs and benefits of the controls and assessment of the expected level of risk 
of error  
Standard costs related to transposition checks and possible infringement procedures.  
 
Measures to preven t fraud and irregularities  
Specify existing or envisaged prevention and protection measures.  
 
Not applicable  EN 29   EN ESTIMATED  FINANCIAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
Heading(s) of the multiannual financial framework and expenditure  budget line(s) 
affected   
Existing budget lines  
In order  of multiannual financial framework headings and budget lines.  
Heading of 
multiannual 
financial 
framework  Budget line  Type of  
expenditure  Contribution  
Heading  Number 3  Diff./non -
diff. 
(55) 
 from 
EFTA 
countries
56 
 from 
candidate 
countries57 
 from third 
countries  within the 
meaning of Article 
21(2)(b) of the 
Financial 
Regulation  
3 33.02.02  – Promoting non - 
discrimination and equality  Diff NO NO NO NO 
New budget lines requested  
In order  of multiannual financial framework headings and budget lines.  
Heading of 
multiannual 
financial 
framework  Budget line  Type of  
expenditure  Contribution  
Number  
[…] Heading ……………………………
…………...……….]  Diff./non -
diff. from 
EFTA 
countries  from 
candidate 
countries  from third 
countries  within the 
meaning of Article 
21(2)(b) of the 
Financial 
Regulation  
 […][XX.YY.YY.YY]  
  YES/N
O YES/N
O YES/N
O YES/NO  
                                                 
55 Diff. = Differentiated appropriations / Non -Diff. = Non -differentiated appropriations.  
56 EFTA: European Free Trade Association.  
57 Candidate countries and, where applicable, potential candidate countries from the Western Balkans.   
EN 30   EN Estimated impact on expenditure  
[This section should be filled in using the spreadsheet on budget data of an administrative nature  (second document in annex to this 
financial statement) and uploaded to CISNET for interservice consultation purposes.]  
Summary  of estimated impact on expenditure   
EUR million (to three decimal places)  
Heading of multiannual financial  
framework  Number  
3  Heading Security and Citizenship  
 
DG: EMPL    Year  
201558 Year  
2016 Year  
2017 Year  
2018 Year  
2019 Year  
2020 TOTAL  
 Operational appropriations         
Number of budget line 33 02 02  Commitments  (1) 0 0 0  0.20  0.20 
Payments  (2) 0 0 0   0.20 0.20 
Number of budget line  Commitments  (1a)        
Payments  (2a)        
Appropriations of an administrative nature financed from the 
envelope of specific programmes59         
Number of budget line   (3)        
TOTAL appropriations  
for DG EMPL  Commitments  =1+1a 
+3     0.20  0.20 
Payments  =2+2a  
+3      0.20 0.20 
                                                 
58 Year N is the year in which implementation of the proposal/initiative starts.  
59 Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions ( former "BA" lines), indirect research, 
direct re search.   
EN 31   EN  
According to Article 28 of the proposal a review will take place in year n+5. It is likely that such a review will be accompanied by an external 
assistance or study.  
 
 TOTAL operational appropriations  Commitments  (4)      0.20  0.20 
Payments  (5)       0.20 0.20 
 TOTAL appropriations of an administrative nature 
financed from the envelope for specific programmes  (6)         
TOTAL appropriations  
for DG EMPL  
of the multiannual financial 
framework  Commitments  =4+ 6       0.20  0.20 
Payments  =5+ 6        0.20 0.20 
Payments  =5+ 6          
 
   
EN 32   EN Heading of multiannual financial  
framework  5 " Administrative expenditure "  
EUR million (to three decimal places)  
   Year  
2018 Year  
2019 Year  
2020 Year  
2021 Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  TOTAL  
DG: EMPL  
 Human resources          
 Other administrative expenditure  0,014  0,028  0,028  0,028  0,028  0,028  0,028  0,182  
TOTAL DG  EMPL  Appropriations  0,014  0,028  0,028  0,028  0,028  0,028  0,028  0,182 
 
TOTAL appropriations  
for HEADING  5 
of the multiannual financial 
framework   (Total commitments = 
Total payments)  0,014  0,028  0,028  0,028  0,028  0,028  0,028  
0,182 
EUR million (to three decimal places)  
   Year  
2018 
 Year  
2019 Year  
2020 Year  
2021 Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  TOTAL  
TOTAL appropriations  
under HEADINGS 1 to 5  
of the multiannual financial 
framework   Commitments  0,014  0,228  0,028  0,028  0,028  0,028  0,028  0,382  
Payments  0,014  0,028  0,228  0,028  0,028  0,028  0,028  0,382   
EN 33   EN Estimated impact on operational appropriations  
 The proposal/initiative does not require the use of operational appropriations  
 The proposal/initiative requires the use of operational appropriations, as explained below:  
Commitment appropriations in EUR million (to three decimal places)  
Indicate 
object ives and 
outputs  
 
   Year  
2018 Year  
2019 Year  
2020 Enter as many years as necessary to show the 
duration of the impact (see point 1.6)  TOTAL  
OUTPUTS  
Type
60 
 Avera
ge 
cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost No 
total Total 
cost 
SPECIFIC OBJECTIVE No 161 ... 
Specific objective: to promote and 
protect the rights of people with 
disabilities                
- Output  Study  0.2   1 0,20         1 0,200  
- Output                  
- Output                  
Subtotal for specific objective No 1                
SPECIFIC OBJECTIVE NO 2 ...                
- Output                  
Subtotal for specific objective No 2                
TOTAL COST    1 0,20         1 0,200  
                                                 
60 Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, et c.). 
61 As described in point 1.4.2. ‘Specific objective(s)…’   
EN 34   EN Estimated impact on appropriations of an administrative nature  
Summary   
 The proposal/initiative does not require the use of appropriations of an 
administrative nature  
X The proposal/initiative requires the use of appropriations of an administrative 
nature, as explained below:  
EUR million (to three decimal places)  
 Year  
N62 
 Year  
N+1 Year  
N+2 Year  
N+3 Enter as many years as necessary to show the 
duration of the impact (see point 1.6)  TOTAL  
 
HEADING 5  
of the multiannual 
financial framework          
Human resources          
Other administrative 
expenditure  0,014  0,028  0,028  0,028  0,028  0,028  0,028  0,182  
Subtotal HEADING 5  
of the multiannual 
financial framework  0,014  0,028  0,028  0,028  0,028  0,028  0,028  0,182  
 
Outside HEADING 563 
of the multiannual 
financial framework  
         
Human resources          
Other expenditure  
of an administrative 
nature         
Subtotal  
outside HEADING 5  
of the multiannual 
financial framework          
 
TOTAL  0,014  0,028  0,028  0,028  0,028  0,028  0,028  0,182  
The human resources appropriations required will be met by appropriations from the DG that are already assigned to 
management of the action and/or have  been redeployed within the DG, together if necessary with any additional allocation 
which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.  
                                                 
62 Year N is the year in which implementation of the proposal/initiative starts.  
63 Technical and/or administrative assistance and expenditure in support of the implementation of EU 
programmes and/or actions (former "BA" lines), indirect research, direct research.   
EN 35   EN  Estimated requirements of human resources  
X The proposal/initiative does not require the use of human resources.  
 The proposal/initiative requires the use of human resources, a s explained below:  
Estimate to be expressed in full time equivalent units  
 
Year  
N Year  
N+1 Year N+2  Year N+3  Enter as many years as 
necessary to show the 
duration of the impact 
(see point 1.6)  
 Establishment plan posts (officials and temporary staff)    
XX 01 01 01 (Headquarters and Commission’s 
Representation Offices)         
XX 01 01 02 (Delegations)         
XX 01 05 01 (Indirect research)         
10 01 05 01 (Direct research)         
 External staff (in Full Time Equivalent unit: FTE)64 
 
XX 01 02 01 (CA, SNE, INT from the "global 
envelope")         
XX 01 02 02 (CA, LA, SNE, INT and JED in the 
delegations)         
XX 01 04 yy65 
 - at Headquarters  
        
- Delegations         
XX 01 05 02 (CA, SNE, INT - Indirect research)         
10 01 05 02 (CA, INT, SNE - Direct research)         
Other budget lines (specify)         
TOTAL         
XX is the policy area or budget title concerned.  
The human resources required will be met by staff from the DG who are already assigned to management of the 
action and/or have been redeployed within the DG, together if necessary with any additional allocation which 
may be granted to the managing DG under the annual allocation procedure and in the light of budgetary 
constraints.  
Description of tasks to be carried out:  
Officials and temporary staff   
External staff  Not applicable  
                                                 
64 CA= Contract Staff; LA = Local Staff; SNE= Seconded National Expert; INT = agency staff; JED= Junior 
Experts in Delegations).  
65 Sub-ceiling for external staff covered by operational appropriations (former "BA" lines).   
EN 36   EN Compatibility with the current multiannual financial framework  
X Proposal/initiative is compatible the current multiannual financial framework.  
 Proposal/initiative wil l entail reprogramming of the relevant heading in the 
multiannual financial framework.  
Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts.  
 Proposal/initiative requires application of the flexibility instrument or revision of 
the multiannual financial framework66. 
Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts.  
Third -party contributions  
 X The proposal/initiative does not provide for co -financing by third parties.  
The proposal/initiative provides for the co -financing estimated below:  
Appropriations in EUR million (to 3 decimal places)  
 
Year  
N Year  
N+1 Year  
N+2 Year  
N+3 Enter as many year s as necessary 
to show the duration of the 
impact (see point 1.6)  Total 
Specify the co -financing 
body           
TOTAL appropriations 
cofinanced          
 
                                                 
66 See points 19 and 24 of the Interinstitutional Agreement (for the period 2007 -2013).   
EN 37   EN Estimated impact on revenue  
X Proposal/initiative has no financial impact on revenue.  
 Proposal/initiative has the following financial impact:  
 on own resources  
 on miscellaneous revenue  
EUR million (to three decimal places)  
Budget revenue line:  Appropriation
s available for 
the current 
financial year  Impact of the proposal/initiative67 
 
Year  
N Year  
N+1 Year  
N+2 Year  
N+3 Enter as many years as necessary to show 
the duration of the impact (see point 1.6)  
Article ………….          
For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.  
Specify the method for calculating the impact on revenue.  
                                                 
67 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs.