P8_TA(2017)0347

Accessibility requirements for products and services ***I

Amendments adopted by the European Parliament on 14 September 2017 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (COM(2015)0615 — C8-0387/2015 — 2015/0278(COD)) (1)

(Ordinary legislative procedure: first reading)

(2018/C 337/39)

Amendment 1

Proposal for a directive

Citation 1 a (new)

Text proposed by the Commission Amendment Having regard to the Charter of Fundamental Rights of the European Union, and in particular to Article 26 thereof,

Amendment 2

Proposal for a directive

Recital 1

Text proposed by the Commission Amendment (1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availibility of accessible products and services on the internal market. (1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States and by eliminating barriers to the free movement of certain accessible products and services. This will increase the availability , and improve the accessibility and practicality, of information on accessible products and services in the internal market.

Amendment 3

Proposal for a directive

Recital 2

Text proposed by the Commission Amendment (2) The demand for accessible products and services is high and the number of citizens with disabilities and/or functional limitations will increase significantly with the ageing of the European Union's population. An environment where products and services are more accessible allows for a more inclusive society and facilitates independent living. (2) The demand for accessible products and services is high and the number of persons with functional limitations, including persons with disabilities within the meaning of Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (‘the Convention’), will increase significantly with the ageing of the Union’s population. An environment where products and services are more accessible allows for a more inclusive society and is a prerequisite for independent living.

Amendment 4

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission Amendment (2a) ‘Universal accessibility’, ‘design for all’ and ‘gender-perspective’ should be ensured in products, tools, devices and services in order for them to be commonly used by persons with disabilities.

Amendment 5

Proposal for a directive

Recital 3

Text proposed by the Commission Amendment (3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations including persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers. (3) The disparities between the laws and administrative measures adopted by the Member States in relation to the accessibility of some products and services for persons with functional limitations, including persons with disabilities, create barriers to their free movement and distort effective competition in the internal market. For other products, disparities are likely to increase due to the entry into force of the Convention. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.

Amendment 6

Proposal for a directive

Recital 5

Text proposed by the Commission Amendment (5) Consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments. (5) Consumers of accessible products , and in particular of assistive technologies, and recipients of accessible services are faced with high prices due to limited competition among suppliers. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments.

Amendment 7

Proposal for a directive

Recital 6

Text proposed by the Commission Amendment (6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade and mobility , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the Union . (6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade , freedom of movement of products and services, and free movement of persons, including persons with disabilities , as well as to help economic operators to concentrate resources on innovation instead of using those resources for covering expenses arising from fragmented legislation .

Amendment 8

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission Amendment (8a) Article 10 of the Treaty on the Functioning of the European Union (TFEU) requires the Union to combat discrimination based on disability when defining and implementing its policies and activities. Article 19 TFEU gives the Union the power to adopt legal acts to combat such discrimination.

Amendment 9

Proposal for a directive

Recital 9

Text proposed by the Commission Amendment (9) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter of Fundamental Rights of the European Union. (9) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities , and older persons, to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Articles 21, 25 and 26 of the Charter of Fundamental Rights of the European Union.

Amendment 250

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission Amendment (9a) Better accessibility to products and services will improve the lives not only of persons with disabilities but also of persons with other permanent or temporary functional limitations, such as elderly persons, pregnant women and persons travelling with luggage. Therefore, it is essential that this Directive includes persons with disabilities as well as persons with temporary or permanent functional limitations, in order to ensure genuine benefits and an independent life for a wider portion of society.

Amendment 11

Proposal for a directive

Recital 9 b (new)

Text proposed by the Commission Amendment (9b) The prevalence of disability in the Union is higher among women than among men. Women with disabilities are faced with multiple forms of discrimination and face substantial obstacles to the proper enjoyment of their basic rights and freedoms. These include physical, emotional, sexual, economic and institutional violence. They also include discrimination in access to education and employment, which can lead to social isolation and psychological trauma. Women are also disproportionately affected by disability as carers of family members with disabilities and experience discrimination by association more frequently than men. In view of the above, action is needed to ensure equal treatment and positive measures and policies for women with disabilities and mothers of children with disabilities is a fundamental human right and an ethical obligation.

Amendment 12

Proposal for a directive

Recital 10

Text proposed by the Commission Amendment (10) The overall aim of the ‘Digital Single Market Strategy’, is to deliver sustainable economic and social benefits from a connected digital single market. Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens regardless of their abilities can enjoy its benefits. (10) The overall aim of the ‘Digital Single Market Strategy’, is to deliver sustainable economic and social benefits from a connected digital single market , facilitating trade and promoting employment within the Union . Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens regardless of their abilities can enjoy its benefits.

Amendment 13

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission Amendment (12a) Article 4 of the Convention calls on State Parties to undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities. The Convention also calls for priority to be given to affordable technologies.

Amendment 232

Proposal for a directive

Recital 12 b (new)

Text proposed by the Commission Amendment (12b) In the rail transport sector, Directive (EU) 2016/797 of the European Parliament and of the Council (1a) and Commission Regulation (EU) No 1300/2014 (1 ter) (PRM TSI) explicitly refer to, and implement, the accessibility requirements set out in Article 9 of the Convention. Accordingly, accessibility for persons with disabilities and persons with reduced mobility in the rail transport sector is regulated under those instruments. In order to ensure consistency between Directive (EU) 2016/797 and Commission Regulation (EU) No 1300/2014, on the one hand, and this Directive on the other, any future revision of the PRM TSI should also take into account the accessibility requirements resulting from the European Accessibility Act.

Amendment 233

Proposal for a directive

Recital 13

Text proposed by the Commission Amendment (13) The entry into force of the Convention in the Member States' legal orders entails the need to adopt additional national provisions on accessibility of products and services which without Union action would further increase disparities between national provisions. (13) The entry into force of the Convention in the Member States' legal orders entails the need to adopt additional national provisions on accessibility of products and services and on the built environment related to the provision of goods and services which without Union action would further increase disparities between national provisions.

Amendment 14

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission Amendment (13a) In addition to the requirements laid down in this Directive, efforts should be made to implement and enforce Union legislation on the rights of passengers using air, rail, bus and inland-waterway transport. Such efforts should focus on intermodal aspects with a view to promoting barrier-free accessibility, including facets such as infrastructure and transportation vehicles.

Amendment 15

Proposal for a directive

Recital 13 b (new)

Text proposed by the Commission Amendment (13b) The Commission should encourage urban authorities to integrate barrier-free accessibility to urban transport services in their Sustainable urban Mobility Plans (SUMPs), as well as to regularly publish lists of best practices regarding barrier-free accessibility to urban public transport and mobility.

Amendment 16

Proposal for a directive

Recital 15

Text proposed by the Commission Amendment (15) The European Disability Strategy 2010-2020 — A Renewed Commitment to a Barrier-Free Europe (33) — in line with the Convention, establishes accessibility as one of the eight areas of action, and aims at ensuring accessibility of products and services. (15) The communication of the Commission of 15 November 2010‘ European Disability Strategy 2010-2020 — A Renewed Commitment to a Barrier-Free Europe’ — in line with the Convention, establishes accessibility , which is a basic precondition for participation in society, as one of the eight areas of action, and aims to ensure the accessibility of products and services.

Amendment 17

Proposal for a directive

Recital 16

Text proposed by the Commission Amendment (16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, including persons with disabilities and older persons , for which Member States have adopted or are likely to adopt diverging national accessibility requirements. (16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with disabilities, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.

Amendment 227

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission Amendment (16a) Directive 2010/13/EU of the European Parliament and of the Council (1a) imposes a number of obligations on providers of audiovisual media services. It is therefore more appropriate to include accessibility requirements in that Directive. However, as regards websites and mobile-based services, Directive 2010/13/EU only covers audiovisual media content. It is therefore appropriate to include the architecture of the websites and mobile-based services and all content not falling within the scope of Directive 2010/13/EU within the scope of this Directive. This Directive should cover accessibility requirements for telephony services equipment and websites. This Directive should also cover accessibility requirements for telephony services unless they are addressed in another Union legal act providing at least the same level of protection as provided in this Directive. In the latter case, the Union legal act concerned should prevail over this Directive.

Amendment 19

Proposal for a directive

Recital 17

Text proposed by the Commission Amendment (17) Each product and service has to comply with the accessibility requirements identified in Article 3 and listed in Annex I to be accessible for persons with disabilities and older persons . The e-commerce accessibility obligations also apply to the online sale of services under Article 1(2) (a) to (e) of this Directive. (17) Each product and service falling within the scope of this Directive and placed on the market after the date of application of this Directive should comply with the accessibility requirements set out in Article 3 and listed in Annex I to be accessible for persons with disabilities. The e-commerce accessibility obligations also apply to the online sale of services under points (a) to (e) of Article 1(2) of this Directive.

Amendment 20

Proposal for a directive

Recital 17 a (new)

Text proposed by the Commission Amendment (17a) Even if a service, or part of a service, is subcontracted to a third party, the accessibility of that service should not be compromised and the service providers should comply with the obligations set out in this Directive. Service providers should also ensure proper and continuous training of their personnel in order to ensure that they are knowledgeable about how to use accessible products and services. That training should cover issues such as information provision, advice and advertising.

Amendment 21

Proposal for a directive

Recital 18

Text proposed by the Commission Amendment (18) It is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selected. (18) On the one hand, it is necessary to introduce the accessibility requirements in the most effective and least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selected and which are placed on the market after the date of application of this Directive . On the other hand, it is necessary to enable economic operators to implement the accessibility requirements set out in this Directive efficiently, in particular by taking into account the lifetime of self-service terminals, ticketing machines and check-in machines. Also, the specific position of SMEs in the internal market should be taken into account. Additionally, microenterprises, due to their size, resources and nature, should not be required to comply with the accessibility requirements set out in this Directive or be obliged to use the procedure laid down in Article 12 in order to be exempted from the obligations of this Directive .

Amendment 22

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission Amendment (20a) In order to ensure a better functioning of the internal market, national authorities should make use of the accessibility requirements set out in this Directive when applying the accessibility-related provisions in the Union legal acts referred to in this Directive. This Directive should however not change the compulsory or voluntary nature of the provisions in those other Union legal acts. This Directive should thus ensure that when accessibility requirements are used in accordance with those other acts, those requirements are the same across the Union.

Amendment 23

Proposal for a directive

Recital 21

Text proposed by the Commission Amendment (21) The Commission’s proposal for a Directive of the European Parliament and of the Council (34) includes accessibility requirements for a specific set of public sector bodies’ websites. In addition, it proposes to establish the basis for a monitoring and reporting methodology of the compliance of the relevant websites with the requirements listed in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websites . Activities of ecommerce of public sector websites not covered by that Directive, fall under the scope of this proposal , in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons , irrespective of their public or private sale. (21) Directive (EU) 2016/2102 of the European Parliament and of the Council (34) includes accessibility requirements for websites and mobile applications of public sector bodies . However, that Directive contains a specific list of exceptions because making certain content of websites and mobile applications and certain types of websites and mobile applications fully accessible creates a disproportionate burden. In addition, it establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements set out in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites and mobile applications. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile applications , the accessibility requirements set out in this Directive should be aligned to those of Directive (EU) 2016/2102 . Activities of ecommerce of websites and mobile applications of public sector bodies not covered by that Directive, fall within the scope of this Directive , in order to ensure that the online sale of products and services is accessible for persons with disabilities, irrespective of their public or private sale.

Amendment 24

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission Amendment (22a) Certain elements of the accessibility requirements laid down by this Directive, particularly those set out in Annex I relating to the provision of information, are already covered by existing legislative acts of the Union in the area of transport. Those acts include Regulation (EC) No 1371/2007 of the European Parliament and of the Council (1a) and Commission Regulation (EU) No 1300/2014 (1b) and Commission Regulation (EU) No 454/2011 (1c) as regards rail transport; Regulation (EU) No 181/2011 of the European Parliament and of the Council (1d) as regards bus and coach transport; and Regulation (EU) No 1177/2010 of the European Parliament and of the Council (1e) as regards maritime transport. To ensure regulatory consistency and predictability for the economic operators covered by those acts, the relevant requirements under this Directive should be deemed to have been complied with where the relevant parts of those acts are complied with. However, when the accessibility requirements are not covered by those acts, for example the requirement to make websites of airlines accessible, this Directive should apply.

Amendment 25

Proposal for a directive

Recital 22 b (new)

Text proposed by the Commission Amendment (22b) This Directive is intended to complement existing sectorial Union legislation by covering aspects not yet covered by that legislation.

Amendment 26

Proposal for a directive

Recital 22 c (new)

Text proposed by the Commission Amendment (22c) The determination of the scope of this Directive with regard to air, bus, rail and waterborne passenger transport services should be based on the existing sectorial legislation relating to passenger rights. Where this Directive does not apply to certain types of transport services, Member States should be able to encourage service providers to apply the relevant accessibility requirements provided for in this Directive.

Amendments 223 and 228

Proposal for a directive

Recital 23

Text proposed by the Commission Amendment (23) In some situations, common accessibility requirements of the built environment would facilitate the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X. (23) In some situations, accessibility of the built environment is a precondition for the proper enjoyment of the related services by persons with disabilities. Therefore, this Directive should oblige Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set out in Annex X. However, accessibility requirements should only be applicable when constructing new infrastructure or when undertaking substantial renovations.

Amendment 28

Proposal for a directive

Recital 23 a (new)

Text proposed by the Commission Amendment (23a) It is not necessary for this Directive to amend existing Union law that provides for voluntary compliance with accessibility requirements.

Amendment 29

Proposal for a directive

Recital 24

Text proposed by the Commission Amendment (24) It is necessary to provide that, for legislative acts of the Union establishing accessibility obligations without providing accessibility requirements or specifications, accessibility is defined by reference to the accessibility requirements of this Directive. That is the case of Directive 2014/23/EU of the European Parliament and of the 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 technical specifications and technical or functional requirements of the concessions, works or services falling within their scope take into account accessibility criteria for persons with disabilities or ‘design for all’ users. (24) It is necessary to provide that, for legislative acts of the Union establishing accessibility obligations without providing accessibility requirements or specifications, accessibility is defined by reference to the accessibility requirements of this Directive. Those acts include Directive 2014/23/EU of the European Parliament and of the 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 technical specifications and technical or functional requirements of the concessions, works or services falling within their scope take into account accessibility criteria for persons with disabilities or ‘design for all’ users.

Amendment 30

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission Amendment (24a) The obligation to ensure accessibility of the transport infrastructure on the Trans-European Transport Network is established in Regulation (EU) No 1315/2013 of the European Parliament and of the Council (1a) . The accessibility requirements provided for in this Directive should also apply to certain elements of the transport infrastructure regulated by that Regulation, to the extent that the products and services covered by this Directive are concerned and the infrastructure and the built environment related to those services are intended to be used by passengers.

Amendment 31

Proposal for a directive

Recital 24 b (new)

Text proposed by the Commission Amendment (24b) It is not, however, appropriate for this Directive to change the compulsory or voluntary nature of the provisions in those other legislative acts of the Union such as Article 67 of Directive 2014/24/EU on contract award criteria, which contracting authorities can use to determine the most economically advantageous tender. If they are deemed to be linked to the subject matter of the procurement in question, it is possible for potential social aspects to be included. This Directive should therefore ensure that, when accessibility requirements are used in accordance with those other legislative acts of the Union, those requirements are the same across the Union.

Amendment 32

Proposal for a directive

Recital 25

Text proposed by the Commission Amendment (25) Accessibility should be achieved by the removal and prevention of barriers, preferably through a universal design or ‘design for all’ approach. Accessibility should not exclude the provision of reasonable accommodation when requested by national or Union law. (25) Accessibility should be achieved by the removal and prevention of barriers, preferably through a universal design or ‘design for all’ approach. According to the Convention, that approach ‘means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design’. In line with the Convention, ‘“Universal design” is not to exclude assistive devices for particular groups of persons with disabilities where this is needed’. Accessibility should not exclude the provision of reasonable accommodation when requested by national or Union law.

Amendment 33

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission Amendment (25a) The fact that a product or a service falls within the scope of this Directive does not automatically mean that it falls within the scope of Council Directive 93/42/EEC (1a) .

Amendment 34

Proposal for a directive

Recital 25 b (new)

Text proposed by the Commission Amendment (25b) When identifying and classifying those needs of persons with disabilities that the product or service is intended to meet, the principle of universal design should be interpreted in accordance with the UN Committee on the Rights of Persons with Disabilities General Comment No. 2(2014) on Article 9 of the Convention.

Amendment 35

Proposal for a directive

Recital 27

Text proposed by the Commission Amendment (27) This Directive should be based on Decision No 768/2008/EC of the European Parliament and of the Council (38) as it concerns products already subject to other Union acts, this way ensuring the consistency of Union legislation. (27) This Directive should be based on Decision No 768/2008/EC of the European Parliament and of the Council (38) as it concerns products already subject to other Union acts, this way ensuring the consistency of Union legislation. However, it is not appropriate for this Directive to include the safety-related provisions of that Decision, such as those relating to recalls, since a non-accessible product is not a dangerous product.

Amendment 36

Proposal for a directive

Recital 28

Text proposed by the Commission Amendment (28) All economic operators intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process. (28) All economic operators falling within the scope of this Directive and intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process.

Amendment 37

Proposal for a directive

Recital 29

Text proposed by the Commission Amendment (29) Economic operators should be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of accessibility and to guarantee fair competition on the Union market. (29) Economic operators should be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to achieve improved accessibility and to guarantee fair competition on the Union market.

Amendment 38

Proposal for a directive

Recital 30

Text proposed by the Commission Amendment (30) The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure . The obligations for conformity assessment should rest with the manufacturer. (30) The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment. However, the responsibility for that assessment should not rest solely with the manufacturer. A strengthened market surveillance authority could play a crucial role in the assessment procedure.

Amendment 39

Proposal for a directive

Recital 32

Text proposed by the Commission Amendment (32) Importers should ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. (32) Importers should ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive , providing all the necessary information to the relevant market surveillance authority to enable appropriate conformity assessment procedures to be carried out with regard to those products.

Amendment 40

Proposal for a directive

Recital 36

Text proposed by the Commission Amendment (36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. (36) For reasons of proportionality, accessibility requirements should not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. Control mechanisms nevertheless have to be in place in order to verify entitlement to exceptions to the applicability of accessibility requirements.

Amendment 41

Proposal for a directive

Recital 36 a (new)

Text proposed by the Commission Amendment (36a) When assessing whether compliance with accessibility requirements imposes a disproportionate burden on the economic operators, account should be taken of the size, resources and nature of those economic operators and their estimated costs and benefits of compliance compared to the estimated benefit for persons with disabilities. That cost-benefit analysis should take into account inter alia the frequency and duration of use of the specific product or service, including the estimated number of persons with disabilities using the specific product or service, the life span of the infrastructure and products used in the provision of a service and the extent of alternatives that are available free of charge, including from passenger transport service providers. When assessing whether compliance with accessibility requirements imposes a disproportionate burden, only legitimate reasons should be taken into consideration. Lack of priority, time or knowledge should not be considered to be legitimate reasons.

Amendment 42

Proposal for a directive

Recital 39

Text proposed by the Commission Amendment (39) In order to facilitate conformity assessment with applicable requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (39) for the purpose of expressing detailed technical specifications of those requirements. The Commission has already issued a number of standardisation requests to the European standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards. (39) In order to facilitate conformity assessment with applicable accessibility requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (39) for the purpose of expressing detailed technical specifications of those requirements. The Commission has already issued a number of standardisation requests to the European standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards.

Amendment 43

Proposal for a directive

Recital 39 a (new)

Text proposed by the Commission Amendment (39a) Regulation (EU) No 1025/2012 provides for a procedure for formal objections to harmonised standards that are considered not to comply with the requirements of this Directive.

Amendment 44

Proposal for a directive

Recital 40

Text proposed by the Commission Amendment (40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this Directive. (40) European standards should be market-driven, take into account the public interest, as well as the policy objectives clearly stated in the Commission’s request to one or more European standardisation organisations to draft harmonised standards, and be based on consensus. Recourse to technical specifications should therefore only be a last resort. The Commission should be able to adopt technical specifications for instance when the standardisation process is blocked due to a lack of consensus between stakeholders, creating undue delays in the establishment of a requirement which would, without the adoption of an appropriate standard, be impossible to implement, such as interoperability. The Commission should leave enough time between the adoption of a request to one or more European standardisation organisations to draft harmonised standards and the adoption of a technical specification related to the same accessibility requirement. The Commission should not be allowed to adopt a technical specification if it has not previously tried to have the accessibility requirements covered through the European standardisation system. The Commission should not use the procedure for adoption of technical specifications to circumvent the European standardisation system.

Amendment 45

Proposal for a directive

Recital 40 a (new)

Text proposed by the Commission Amendment (40a) With a view to establishing harmonised standards and technical specifications that meet the accessibility requirements set out in this Directive for the products and services in the most efficient way, the Commission should, where this is feasible, involve European umbrella organisations of persons with disabilities and all other relevant stakeholders in the decision making process.

Amendment 46

Proposal for a directive

Recital 42 a (new)

Text proposed by the Commission Amendment (42a) When carrying out market surveillance of products, market surveillance authorities should review the assessment in cooperation with persons with disabilities and the organisations that represent them and their interests.

Amendment 47

Proposal for a directive

Recital 44

Text proposed by the Commission Amendment (44) The CE marking, indicating the conformity of a product with the accessibility requirements of this Directive, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This Directive should follow the general principles governing the CE marking of Regulation (EC) No 765/2008 of the European Parliament and of the Council (40) setting out the requirements for accreditation and market surveillance relating to the marketing of products. (44) This Directive should follow the general principles of Regulation (EC) No 765/2008 of the European Parliament and of the Council (40) setting out the requirements for accreditation and market surveillance relating to the marketing of products. In addition to the declaration of conformity, the manufacturer should inform consumers in a cost-effective manner about the accessibility of their products by including a notice on the packaging.

Amendment 48

Proposal for a directive

Recital 45

Text proposed by the Commission Amendment (45) In accordance with Regulation (EC) No 765/2008 by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that he takes full responsibility therefor . (45) The non-compliance of a product with the accessibility requirements set out in Article 3 should not per se constitute a serious risk within the meaning of Article 20 of Regulation (EC) No 765/2008 .

Amendment 49

Proposal for a directive

Recital 48

Text proposed by the Commission Amendment (48) Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12 (3) in accordance with Chapter V. (48) Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12(3) in accordance with Chapter V and that they hold regular consultations with organisations representing persons with disabilities .

Amendment 50

Proposal for a directive

Recital 48 a (new)

Text proposed by the Commission Amendment (48a) National databases containing all relevant information on the degree of accessibility of the products and services listed in this Directive would allow better inclusion of persons with disabilities, and their organisations in the market surveillance.

Amendment 51

Proposal for a directive

Recital 49

Text proposed by the Commission Amendment (49) Member States are expected to ensure that competent authorities indicated in Article 22 notify the Commission of the use of the exceptions referred to in Article 22 (1) as well as include the assessment referred to in paragraph (2) in accordance with Chapter VI . (49) Member States should ensure that competent authorities notify the Commission of the use of the exceptions laid down in Article 22. The initial assessment performed by the competent authorities concerned should be submitted to the Commission upon its request. When assessing whether compliance with accessibility requirements imposes a disproportionate burden on the competent authorities, account should be taken of the size, resources and nature of those competent authorities and the estimated costs and benefits of compliance compared to the estimated benefit for persons with disabilities. That cost-benefit analysis should take into account inter alia the frequency and duration of use of the specific product or service, including the estimated number of persons with disabilities using the specific product or service, the life span of the infrastructure and products used in the provision of a service and the extent of alternatives that are available free of charge, including from passenger transport service providers. When assessing whether compliance with accessibility requirements imposes a disproportionate burden, only legitimate reasons should be taken into consideration. Lack of priority, time or knowledge should not be considered to be legitimate reasons.

Amendment 52

Proposal for a directive

Recital 50

Text proposed by the Commission Amendment (50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such products. (50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing persons with disabilities, as well as with the relevant economic operators, to act at an earlier stage in respect of such products.

Amendment 53

Proposal for a directive

Recital 51 a (new)

Text proposed by the Commission Amendment (51a) In order to ensure the proper application of the proportionality principle with regard to the obligations concerning the identification of economic operators and the criteria to be used when assessing whether compliance with an obligation under this Directive would impose a disproportionate burden, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to define the period during which economic operators have to be able to identify any economic operator who has supplied them with a product or to whom they have supplied a product and to further specify the criteria that are to be taken into account for all products and services covered by this Directive when assessing whether the burden is to be considered disproportionate, without modifying those criteria. That period should be specified in proportion to the life cycle of the product. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1a) . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 54

Proposal for a directive

Recital 51 b (new)

Text proposed by the Commission Amendment (51b) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and thus establish appropriate control mechanisms, such as a posteriori control by the market surveillance authorities, in order to verify that the exemption from the accessibility requirements application is justified. When dealing with complaints related to accessibility, Member States should comply with the general principle of good administration, and in particular with the obligation of officials to ensure that a decision on each complaint is taken within a reasonable time-limit.

Amendment 55

Proposal for a directive

Recital 52 a (new)

Text proposed by the Commission Amendment (52a) Member States should ensure that effective and rapid remedies are available against decisions taken by contracting authorities and contracting entities as to whether a particular contract falls within the scope of Directives 2014/24/EU and 2014/25/EU. Given the existing legal framework concerning remedies in the areas covered by Directives 2014/24/EU and 2014/25/EU, those areas should be excluded from the provisions of this Directive relating to enforcement and penalties. Such exclusion is without prejudice to the obligations of Member States under the Treaties to take all measures necessary to guarantee the application and effectiveness of Union law.

Amendment 56

Proposal for a directive

Recital 53 a (new)

Text proposed by the Commission Amendment (53a) The accessibility requirements under this Directive should apply to products placed on the Union market after the date of application of the national measures transposing this Directive, including used and second-hand products imported from a third country and placed on the Union market after that date.

Amendment 57

Proposal for a directive

Recital 53 b (new)

Text proposed by the Commission Amendment (53b ) However, public contracts for supplies, works or services which are subject to Directive 2014/24/EU or Directive 2014/25/EU, and which were awarded before the date of application of this Directive, should continue to be performed in accordance with the accessibility requirements, if any, specified in those public contracts.

Amendment 58

Proposal for a directive

Recital 53 c (new)

Text proposed by the Commission Amendment (53c) In order to give service providers sufficient time to adapt to the requirements laid down in this Directive, it is necessary to provide for a transitional period, during which products used for the provision of a service do not need to comply with the accessibility requirements laid down in this Directive. Given the cost and long life cycle of automatic teller machines, ticketing machines and check-in machines, it is appropriate to provide that, when such machines are used in the provision of services, they may continue to be used until the end of their economically useful life.

Amendment 59

Proposal for a directive

Recital 54 a (new)

Text proposed by the Commission Amendment (54a) The deployment of applications providing information based on spatial data services contributes to the independent and safe movement of persons with disabilities. The spatial data used by such applications should make it possible to provide information adapted to the specific needs of persons with disabilities.

Amendment 60

Proposal for a directive

Article — 1 (new)

Text proposed by the Commission Amendment Article - 1 Subject matter This Directive aims to eliminate and prevent barriers arising from divergent requirements for accessibility to the free movement of products and services covered by this Directive in the Member States. It also aims to contribute to the proper functioning of the internal market by approximating the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for certain products and services.

Amendment 61

Proposal for a directive

Article 1 — paragraph 1 — introductory part

Text proposed by the Commission Amendment 1. Chapters I, II to V, and VII apply to the following products: 1. Chapters I, II to V, and VII apply to the following products placed on the Union market after … [the date of application of this Directive] :

Amendment 62

Proposal for a directive

Article 1 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) general purpose computer hardware and operating systems; (a) general purpose computer hardware and its embedded operating systems intended for use by consumers ;

Amendment 63

Proposal for a directive

Article 1 — paragraph 1 — point b — point iii a (new)

Text proposed by the Commission Amendment (iiia) payment terminals;

Amendment 64

Proposal for a directive

Article 1 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) consumer terminal equipment with advanced computing capability related to telephony services; (c) consumer terminal equipment related to telephony services;

Amendment 65

Proposal for a directive

Article 1 — paragraph 1 — point d

Text proposed by the Commission Amendment (d) consumer terminal equipment with advanced computing capability related to audio-visual media services. (d) consumer terminal equipment related to audiovisual media services;

Amendment 66

Proposal for a directive

Article 1 — paragraph 1 — point d a (new)

Text proposed by the Commission Amendment (da) e-book readers.

Amendment 67

Proposal for a directive

Article 1 — paragraph 2 — introductory part

Text proposed by the Commission Amendment 2. Chapters I, II to V, and VII, apply to the following services: 2. Without prejudice to Article 27, Chapters I, II to V, and VII, apply to the following services provided after … [the date of application of this Directive] :

Amendment 68

Proposal for a directive

Article 1 — paragraph 2 — point -a (new)

Text proposed by the Commission Amendment (-a) operating systems when they are not embedded in the computer hardware and are provided as intangible property to consumers;

Amendment 69

Proposal for a directive

Article 1 — paragraph 2 — point a

Text proposed by the Commission Amendment (a) telephony services and related consumer terminal equipment with advanced computing capability ; (a) telephony services and related consumer terminal equipment;

Amendment 70

Proposal for a directive

Article 1 — paragraph 2 — point b

Text proposed by the Commission Amendment (b) audiovisual media services and related consumer equipment with advanced computing capability ; (b) websites and mobile device-based services of audiovisual media services;

Amendments 235, 236, 237, 238, 239 and 253

Proposal for a directive

Article 1 — paragraph 2 — point c

Text proposed by the Commission Amendment (c) air, bus, rail and waterborne passenger transport services; (c) air, bus, rail and waterborne passenger transport , mobility and their intermodal connection services , including public urban transport such as underground, rail, tramway, trolleybus and bus related to: (i) self-service terminals, located within the territory of the Union, including ticketing machines, payment terminals and check-in machines; (ii) websites, mobile device-based services, smart ticketing and real-time information; (iii) vehicles, the related infrastructure and the built environment, including step-free access on all public stations; (iv) fleets of taxis and hire cars include an adequate proportion of adapted vehicles.

Amendment 71

Proposal for a directive

Article 1 — paragraph 2 — point d

Text proposed by the Commission Amendment (d) banking services; (d) consumer banking services;

Amendment 72

Proposal for a directive

Article 1 — paragraph 2 — point e

Text proposed by the Commission Amendment (e) e-books; (e) e-books and related equipment used in the provision of those services provided by the service provider and access thereto ;

Amendment 240

Proposal for a directive

Article 1 — paragraph 2 — point f a (new)

Text proposed by the Commission Amendment (fa) tourism services, including the provision of accommodation and catering.

Amendment 73

Proposal for a directive

Article 1 — paragraph 3 — point a

Text proposed by the Commission Amendment (a) public contracts and concessions which are subject to Directive 2014/23/EU (42) Directive 2014/24/EU and Directive 2014/25/EU. (a) public contracts and concessions which are subject to Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU , conceived or granted after … [the date of application of this Directive];

Amendment 74

Proposal for a directive

Article 1 — paragraph 3 — point b

Text proposed by the Commission Amendment (b) the preparation and implementation of programmes under Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund; (43) and Regulation (EU) No 1304/2013 of the European Parliament and of the Council (44). (b) the preparation and implementation of programmes under Regulation (EU) No 1303/2013 of the European Parliament and of the Council (43) and Regulation (EU) No 1304/2013 of the European Parliament and of the Council (44) , adopted or implemented after … [the date of application of this Directive];

Amendment 75

Proposal for a directive

Article 1 — paragraph 3 — point c

Text proposed by the Commission Amendment (c) tender procedures for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 of the European Parliament and of the Council (45). (c) public service contracts which, after … [the date of application of this Directive], are awarded either through competitive tendering procedures or directly for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 of the European Parliament and of the Council (45);

Amendment 76

Proposal for a directive

Article 1 — paragraph 3 — point d

Text proposed by the Commission Amendment (d) transport infrastructure in accordance with Regulation (EU) No 1315/2013 of the European Parliament and of the Council (46) . (d) transport infrastructure in accordance with Regulation (EU) No 1315/2013 , designed or constructed after … [the date of application of this Directive];

Amendment 79

Proposal for a directive

Article 1 — paragraph 3 a (new)

Text proposed by the Commission Amendment 3a. This Directive does not apply to the following content of websites and mobile device-based applications: (a) office file formats published before … [the date of application of this Directive]; (b) online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use; (c) third-party content that is neither funded nor developed by, nor under the control of, the economic operator or competent authority concerned; (d) content of websites and mobile device-based applications qualifying as archives, meaning that they only contain content that is not updated or edited after … [the date of application of this Directive].

Amendment 80

Proposal for a directive

Article 1 a (new)

Text proposed by the Commission Amendment Article 1a Exclusion of microenterprises This Directive does not apply to microenterprises that manufacture, import or distribute products and services that fall within its scope.

Amendment 81

Proposal for a directive

Article 2 — paragraph 1 — point 1

Text proposed by the Commission Amendment (1) ‘accessible products and services’ are products and services that are perceptible , operable and understandable for persons with functional limitations, including persons with disabilities , on an equal basis with others ; (1) ‘accessible products and services’ means products and services that are capable of being perceived , operated and understood by persons with disabilities and are sufficiently robust for them to use ;

Amendment 82

Proposal for a directive

Article 2 — paragraph 1 — point 2

Text proposed by the Commission Amendment (2) ‘universal design’ referred to also as ‘design for all’ means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design; ‘universal design’ does not exclude assistive devices for particular groups of persons with functional limitations, including persons with disabilities where this is needed; deleted

Amendment 83

Proposal for a directive

Article 2 — paragraph 1 — point 5 a (new)

Text proposed by the Commission Amendment (5a) ‘ service’ means a service as defined in point 1 of Article 4 of Directive 2006/123/EC of the European Parliament and of the Council ( 1a ) ;

Amendment 84

Proposal for a directive

Article 2 — paragraph 1 — point 5 b (new)

Text proposed by the Commission Amendment (5b) ‘service provider’ means any natural or legal person who offers or provides a service which is directed towards the Union market;

Amendment 85

Proposal for a directive

Article 2 — paragraph 1 — point 16 a (new)

Text proposed by the Commission Amendment (16a) ‘SME’ means a small or medium-sized enterprise as defined in Commission Recommendation 2003/361/EC ( 1a ) ;

Amendment 86

Proposal for a directive

Article 2 — paragraph 1 — point 19

Text proposed by the Commission Amendment (19) ‘recall’ means any measure aiming at the return of a product that has already been made available to the end user; deleted

Amendment 87

Proposal for a directive

Article 2 — paragraph 1 — point 20 a (new)

Text proposed by the Commission Amendment (20a) ‘consumer banking services’ means services enabling consumers to open and use payment accounts with basic features in the Union within the meaning of Directive 2014/92/EU of the European Parliament and of the Council ( 1a ) ;

Amendment 88

Proposal for a directive

Article 2 — paragraph 1 — point 21

Text proposed by the Commission Amendment (21) ‘e-commerce’ means the online sale of products and services. (21) ‘e-commerce’ means the online sale of products and services from business to consumers falling within the scope of Directive 2000/31/EC of the European Parliament and of the Council (1a) ;

Amendment 89

Proposal for a directive

Article 2 — paragraph 1 — point 21 a (new)

Text proposed by the Commission Amendment (21a) ‘air passenger transport services’ means services provided by air carriers, tour operators and the managing bodies of airports as defined in points (b) to (f) of Article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council ( 1a ) ;

Amendment 90

Proposal for a directive

Article 2 — paragraph 1 — point 21 b (new)

Text proposed by the Commission Amendment (21b) ‘bus passenger transport services’ means services covered by Article 2(1) and (2) of Regulation (EU) No 181/2011;

Amendment 91

Proposal for a directive

Article 2 — paragraph 1 — point 21 c (new)

Text proposed by the Commission Amendment (21c) ‘rail passenger transport services’ means all rail passenger services covered by Article 2(1) and (2) of Regulation (EC) No 1371/2007;

Amendment 92

Proposal for a directive

Article 2 — paragraph 1 — point 21 d (new)

Text proposed by the Commission Amendment (21d) ‘waterborne passenger transport services’ means passenger services covered by Article 2(1) of Regulation (EU) No 1177/2010.

Amendment 337

Proposal for a directive

Article 2 — paragraph 1 — point 21 e (new)

Text proposed by the Commission Amendment (21e) ‘assistive technology’ means any item, piece of equipment or product system that is used to increase, maintain, or improve functional capabilities of individuals with functional limitations, including persons with disabilities;

Amendment 93

Proposal for a directive

Article 3 — paragraph 3

Text proposed by the Commission Amendment 3. The following self-service terminals: Automatic Teller Machines, ticketing machines and check-in machines shall comply with the requirements set out in Section II of Annex I. 3. The following self-service terminals: Automatic Teller Machines, ticketing machines, check-in machines and payment terminals shall comply with the requirements set out in Section II of Annex I.

Amendment 94

Proposal for a directive

Article 3 — paragraph 4

Text proposed by the Commission Amendment 4. Telephony services, including emergency services and the related consumer terminal equipment with advanced computing capability , shall comply with the requirements set out in Section III of Annex I. 4. Telephony services, including emergency services and the related consumer terminal equipment, shall comply with the requirements set out in Section III of Annex I.

Amendment 95

Proposal for a directive

Article 3 — paragraph 5

Text proposed by the Commission Amendment 5. Audiovisual media services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in Section IV of Annex I. 5. Websites and mobile device-based services of audiovisual media services and the related consumer equipment shall comply with the requirements set out in Section IV of Annex I.

Amendment 244

Proposal for a directive

Article 3 — paragraph 6

Text proposed by the Commission Amendment 6. Air, bus, rail and waterborne passenger transport services, the websites, the mobile device-based services, smart ticketing and real-time information and Self-service terminals , ticketing machines and check-in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in Section V of Annex I. 6. Air, bus, coach, rail, shipping and intermodal passenger transport services, including services related to urban transport, mobility, and the built environment, the websites, the mobile device-based services, smart ticketing and real-time information and self-service terminals such as payment machines, check-in machines used for the provision of passenger transport services , services related to tourism, inter alia, accommodation services and catering service, shall meet the requirements of Section V of Annex I only if these requirements are not already covered by the following specific legislation: regarding rail transport, Regulation (EC) No 1371/2007, Regulation (EU) No 1300/2014 and Regulation (EU) No 454/2011; regarding bus and coach transport, Regulation (EU) No 181/2011; regarding maritime and inland waterway transport, Regulation (EU) No 1177/2010; and, regarding air transport, Regulation (EC) No 1107/2006 .

Amendment 97

Proposal for a directive

Article 3 — paragraph 7

Text proposed by the Commission Amendment 7. Banking services, the websites, the mobile device-based banking services, self-service terminals, including Automatic Teller machines used for provision of banking services shall comply with the requirements set out in Section VI of Annex I. 7. Consumer banking services, the websites, the mobile device-based banking services, self-service terminals, including payment terminals and Automatic Teller machines used for provision of those banking services shall comply with the requirements set out in Section VI of Annex I.

Amendment 98

Proposal for a directive

Article 3 — paragraph 8

Text proposed by the Commission Amendment 8. E-books shall comply with the requirements set out in Section VII of Annex I. 8. E-books and related equipment shall comply with the requirements set out in Section VII of Annex I.

Amendment 224

Proposal for a directive

Article 3 — paragraph 10

Text proposed by the Commission Amendment 10. Member States may decide, in the light of national conditions, that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities . 10. Member States shall ensure that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of consumer banking services, and customer services centres and shops under the scope of telephony operators shall , as regards the construction of new infrastructure or substantial renovations to existing infrastructure, comply with the accessibility requirements set out in Section X of Annex I , in order to maximise their use by persons with disabilities. This shall be without prejudice to Union legal acts and national legislation for the protection of national treasures possessing artistic, historic and archaeological value .

Amendment 100

Proposal for a directive

Article 4 — paragraph 1

Text proposed by the Commission Amendment Member States shall not impede the making available on the market in their territory of products and services that comply with this Directive for reasons related to accessibility requirements . Member States shall not impede for reasons related to accessibility requirements the making available on the market in their territory of products that comply with this Directive. Member States shall not impede for reasons related to accessibility requirements the provision of services in their territory that comply with this Directive.

Amendment 101

Proposal for a directive

Article 5 — paragraph 1

Text proposed by the Commission Amendment 1. When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements set out in Article 3. 1. When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements set out in Article 3 , unless those requirements are not achievable because the adaptation of the product concerned would require a fundamental alteration of the basic nature of that product or would impose a disproportionate burden for the manufacturer concerned as provided for in Article 12 .

Amendment 102

Proposal for a directive

Article 5 — paragraph 2 — subparagraph 2

Text proposed by the Commission Amendment Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking . Where compliance of a product with the applicable accessibility requirements set out in Article 3 has been demonstrated by that conformity assessment procedure, manufacturers shall draw up an EU declaration of conformity which shall clearly indicate that the product is accessible .

Amendment 103

Proposal for a directive

Article 5 — paragraph 4

Text proposed by the Commission Amendment 4. Manufacturers shall keep a register of complaints, of non-conforming products and products recalls, and shall keep distributors informed of any such monitoring . 4. Manufacturers shall keep a register of complaints and of non-conforming products.

Amendment 104

Proposal for a directive

Article 5 — paragraph 7

Text proposed by the Commission Amendment 7. Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned. 7. Manufacturers shall ensure that the product is accompanied by instructions in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned.

Amendment 105

Proposal for a directive

Article 5 — paragraph 8

Text proposed by the Commission Amendment 8. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it , if appropriate. Furthermore, where the product presents a risk related to accessibility , manufacturers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. 8. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity or to withdraw it, if appropriate. Furthermore, where the product is not in conformity with this Directive , manufacturers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

Amendment 106

Proposal for a directive

Article 5 — paragraph 9

Text proposed by the Commission Amendment 9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3 . 9. Manufacturers shall, further to a request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to ensure compliance with this Directive .

Amendment 107

Proposal for a directive

Article 6 — paragraph 2 — point a

Text proposed by the Commission Amendment (a) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product; (a) further to a request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;

Amendment 108

Proposal for a directive

Article 6 — paragraph 2 — point b

Text proposed by the Commission Amendment (b) co-operate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by products covered by their mandate. (b) co-operate with the competent national authorities, at their request, on any action taken to ensure compliance of products covered by their mandate with this Directive .

Amendment 109

Proposal for a directive

Article 7 — paragraph 2

Text proposed by the Commission Amendment 2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6). 2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).

Amendment 110

Proposal for a directive

Article 7 — paragraph 3

Text proposed by the Commission Amendment 3. Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect. 3. Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not in conformity with this Directive , the importer shall inform the manufacturer and the market surveillance authorities to that effect.

Amendment 111

Proposal for a directive

Article 7 — paragraph 5

Text proposed by the Commission Amendment 5. Importers shall ensure that the product is accompanied by instructions and information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. 5. Importers shall ensure that the product is accompanied by instructions in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.

Amendment 112

Proposal for a directive

Article 7 — paragraph 7

Text proposed by the Commission Amendment 7. Importers shall keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of such monitoring . 7. Importers shall keep a register of complaints and of non-conforming products.

Amendment 113

Proposal for a directive

Article 7 — paragraph 8

Text proposed by the Commission Amendment 8. Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in Article 3 shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it , if appropriate. Furthermore where the product presents a risk , importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. 8. Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity or to withdraw it, if appropriate. Furthermore, where the product is not in conformity with this Directive , importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

Amendment 114

Proposal for a directive

Article 7 — paragraph 9

Text proposed by the Commission Amendment 9. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market. 9. Importers shall, further to a request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to ensure compliance of products which they have placed on the market with the accessibility requirements set out in Article 3 .

Amendment 115

Proposal for a directive

Article 8 — paragraph 2

Text proposed by the Commission Amendment 2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4). 2. Before making a product available on the market distributors shall verify that the product is in conformity with this Directive and is accompanied by the required documents and by instructions in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4).

Amendment 116

Proposal for a directive

Article 8 — paragraph 3

Text proposed by the Commission Amendment 3. Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk , the distributor shall inform the manufacturer and the market surveillance authorities to that effect. 3. Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not in conformity with this Directive , the distributor shall inform the manufacturer and the market surveillance authorities to that effect.

Amendment 117

Proposal for a directive

Article 8 — paragraph 5

Text proposed by the Commission Amendment 5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it , if appropriate. Furthermore, where the product presents a risk , distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken. 5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity or to withdraw it, if appropriate. Furthermore, where the product is not in conformity with this Directive , distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.

Amendment 118

Proposal for a directive

Article 8 — paragraph 6

Text proposed by the Commission Amendment 6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market. 6. Distributors shall, further to a request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to ensure compliance of products which they have made available on the market with the accessibility requirements set out in Article 3 .

Amendment 119

Proposal for a directive

Article 10 — paragraph 2

Text proposed by the Commission Amendment 2. Economic operators shall be able to present the information referred to in paragraph 1 for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the product. 2. Economic operators shall be able to present the information referred to in paragraph 1 for a certain period, which shall be at least five years, after they have been supplied with the product or after they have supplied the product.

Amendment 120

Proposal for a directive

Article 10 — paragraph 2 a (new)

Text proposed by the Commission Amendment 2a. The Commission is empowered to adopt delegated acts in accordance with Article 23a supplementing this Directive in order to specify the period referred to in paragraph 2 of this Article. That period shall be in proportion to the life cycle of the product concerned.

Amendment 121

Proposal for a directive

Article 11 — paragraph 2

Text proposed by the Commission Amendment 2. Service providers shall prepare the necessary information in accordance with Annex III explaining how the services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with functional limitations and persons with disabilities. Service providers shall keep the information as long as the service is in operation. 2. Service providers shall prepare the necessary information in accordance with Annex III explaining how their services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in a manner which is accessible to persons with disabilities. Service providers shall keep the information as long as the service is in operation.

Amendment 122

Proposal for a directive

Article 11 — paragraph 4

Text proposed by the Commission Amendment 4. Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with those authorities, at their request, on any action taken to bring the service in conformity with those requirements. 4. Service providers shall, further to a request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with those authorities, at their request, on any action taken to bring the service in conformity with those requirements.

Amendment 339

Proposal for a directive

Article 12 — paragraph 3 — point b

Text proposed by the Commission Amendment (b) the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with disabilities, taking into account the frequency and duration of use of the specific product or service. (b) the estimated additional costs and benefits for the economic operators in relation to the estimated benefit for persons with functional limitations, including persons with disabilities, taking into account the frequency and duration of use of the specific product or service.

Amendment 123

Proposal for a directive

Article 12 — paragraph 4

Text proposed by the Commission Amendment 4. The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources, whether public or private. 4. The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources, made available for the purpose of improving accessibility, whether public or private.

Amendment 124

Proposal for a directive

Article 12 — paragraph 5

Text proposed by the Commission Amendment 5. The assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator. 5. The initial assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator.

Amendment 230

Proposal for a directive

Article 12 — paragraph 5 a (new)

Text proposed by the Commission Amendment 5a. The Commission shall adopt delegated acts in accordance with Article 23a to supplement paragraph 3 of this Article by further specifying the criteria that are to be taken into account for all products and services covered by this Directive when assessing whether the burden is to be considered to be disproportionate, without modifying those criteria. When further specifying those criteria, the Commission shall not only take into account the potential benefits for persons with disabilities, but also those for persons with functional limitations. The Commission shall adopt the first such delegated act covering all products and services falling within the scope of this Directive by … [one year after the date of entry into force of this Directive].

Amendment 126

Proposal for a directive

Article 12 — paragraph 6

Text proposed by the Commission Amendment 6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority. 6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. The assessment referred to in paragraph 3 shall be submitted to the market surveillance authority upon its request . Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority.

Amendment 127

Proposal for a directive

Article 12 — paragraph 6 a (new)

Text proposed by the Commission Amendment 6a. The Commission shall adopt implementing acts establishing a model notification for the purposes of paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 24(1a). The Commission shall adopt the first such implementing act by … [two years after the date of entry into force of this Directive].

Amendment 128

Proposal for a directive

Article 12 — paragraph 6 b (new)

Text proposed by the Commission Amendment 6b. A structured dialogue shall be established between relevant stakeholders, including persons with disabilities and their representative organisations, and the market surveillance authorities to ensure that adequate principles for the assessment of the exceptions are established in order to ensure that they are coherent.

Amendment 129

Proposal for a directive

Article 12 — paragraph 6 c (new)

Text proposed by the Commission Amendment 6c. Member States are encouraged to provide incentives and guidelines to microenterprises to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including persons with disabilities and their representative organisations.

Amendment 130

Proposal for a directive

Chapter IV — title

Text proposed by the Commission Amendment Harmonised Standards, common technical specifications and Conformity of products and services Harmonised Standards, technical specifications and conformity of products and services

Amendment 131

Proposal for a directive

Article 13 — paragraph 1

Text proposed by the Commission Amendment Products and services which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements covered by those standards or parts thereof , referred to in Article 3 . 1. Products and services that meet the harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements , referred to in Article 3, that are covered by those standards or parts thereof.

Amendment 132

Proposal for a directive

Article 13 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for each of the accessibility requirements of products set out in Article 3. The Commission shall adopt those requests by … [two years after the date of entry into force of this Directive].

Amendment 133

Proposal for a directive

Article 13 — paragraph 1 b (new)

Text proposed by the Commission Amendment 1b. The Commission may adopt implementing acts establishing technical specifications that meet the accessibility requirements set out in Article 3. However, it shall only do so if the following conditions are met: (a) no reference to harmonised standards has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; (b) the Commission has adopted a request referred to in paragraph 2 of this Article; and (c) the Commission notes undue delays in the standardisation procedure. Before adopting implementing acts referred to in the first subparagraph, the Commission shall consult the relevant stakeholders, including organisations representing persons with disabilities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2) of this Directive.

Amendment 134

Proposal for a directive

Article 13 — paragraph 1 c (new)

Text proposed by the Commission Amendment 1c. Where no references to the harmonised standards referred to in paragraph 1 of this Article have been published in the Official Journal of the European Union, products and services that meet the technical specifications referred to in paragraph 1b of this Article or parts thereof shall be deemed to be in conformity with the accessibility requirements set out in Article 3 that are covered by those technical specifications or parts thereof.

Amendment 135

Proposal for a directive

Article 14

Text proposed by the Commission Amendment Article 14 Common technical specifications 1. Where no reference to harmonised standards has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, and where further detail for the accessibility requirements of certain products and services would be needed for harmonisation of the market, the Commission may adopt implementing acts establishing common technical specifications (‘CTS’) for the accessibility requirements set out in Annex I to this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2) of this Directive. deleted 2. Products and services which are in conformity with the CTS referred to in paragraph 1 or parts thereof shall be deemed to be in conformity with the accessibility requirements referred to in Article 3, covered by those CTS or parts thereof.

Amendment 136

Proposal for a directive

Article 15 — paragraph 2

Text proposed by the Commission Amendment 2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex II to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any disproportionate burden for micro, small and medium-sized enterprises. It shall be translated into the language or languages required by the Member State in the market of which the product is placed or made available. 2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex II to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any disproportionate burden for small and medium-sized enterprises. It shall be translated into the language or languages required by the Member State in the market of which the product is placed or made available.

Amendment 137

Proposal for a directive

Article 15 — paragraph 3

Text proposed by the Commission Amendment 3. Where a product is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the acts concerned including the publication references. 3. Where a product is subject to more than one Union act requiring an EU declaration of conformity, the EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the acts concerned including the publication references.

Amendment 138

Proposal for a directive

Article 15 — paragraph 4 a (new)

Text proposed by the Commission Amendment 4a. In addition to the EU declaration of conformity, the manufacturer shall include a notice on the packaging informing consumers in a cost-effective, simple and precise way that the product incorporates accessibility features.

Amendment 139

Proposal for a directive

Article 16

Text proposed by the Commission Amendment 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. deleted

Amendment 140

Proposal for a directive

Article - 17 (new)

Text proposed by the Commission Amendment Article - 17 National database Each Member State shall establish a publicly accessible database to register non-accessible products. Consumers shall be able to consult and log information about non-accessible products. Member States shall take the necessary measures to inform consumers or other stakeholders of the possibility of lodging complaints. An interactive system between national databases shall be envisaged, where possible under the responsibility of the Commission or the relevant representative organisations, so that information on non-accessible products can be disseminated across the Union.

Amendment 141

Proposal for a directive

Article 18 — paragraph 2 — subparagraph 2

Text proposed by the Commission Amendment Member States shall ensure that the public is informed of the existence, responsibilities and identity of the authorities referred to in the first subparagraph. Those authorities shall make the information available in accessible formats upon request. Member States shall ensure that the public is informed of the existence, responsibilities and identity of the authorities referred to in the first subparagraph. Those authorities shall make available the information on their own work and on the decisions that they have taken in accessible formats upon request by the members of the public concerned .

Amendment 142

Proposal for a directive

Article 19 — paragraph 1 — subparagraph 1

Text proposed by the Commission Amendment Where the market surveillance authorities of one Member State have taken