Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - Towards a barrier free Europe for people with disabilities
Date: 2000-05-12
Institutions: European Commission
Subjects: European social policy, anti-discriminatory measure, disabled person, equal treatment, single market

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.05.2000
COM(2000) 284 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE
EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND
THE COMMITTEE OF THE REGIONS

Towards a Barrier Free Europe for People with Disabilities

TABLE OF CONTENTS

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN
PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE
OF THE REGIONS Towards a Barrier Free Europe for People with Disabilities.................... 1

1. EXECUTIVE SUMMARY .................................................................................... 3

2. INTRODUCTION – DISABILITY AS A COMMUNITY CONCERN.................. 4

2.1.

2.2.

2.3.

A renewed Approach to Disability................................................................ 4

Some Major Steps Forward .......................................................................... 5

A New Impetus ............................................................................................ 6

3. PART I: A ROADMAP TOWARD GREATER COMMUNITY ADDED VALUE7

3.1.

3.2.

3.3.

3.4.

3.5.

Toward Greater Mobility as an Aspect of Citizenship. .................................. 7

Toward More Accessibility - The Need to Fill Intersectoral Policy Gaps. ... 10

Harnessing the Information Society for the Benefit of All - The Europe
Initiative and Disability............................................................................... 11

Enabling technologies - Toward a More Developed Common Market for
Assistive Technology.................................................................................. 13

Protecting the Rights and Interests of Consumers with Disabilities in the
Marketplace ................................................................................................ 14

4. PART II

: POLICY TOOLS FOR THE ACHIEVEMENT OF GREATER
COMMUNITY ADDED VALUE........................................................................ 15

4.1.

4.2.

4.3.

4.4.

4.5.

Interpreting the numbers and understanding the needs ................................ 15

Designing inclusive EU programmes.......................................................... 16

Leading by example ................................................................................... 17

Consulting people with disabilities ............................................................. 19

Strengthening the co-ordination among Commission's services................... 19

5. PART

AWARENESS,
STRENGHTENING CO-OPERATION AND BUILDING MOMENTUM.......... 20

LOOKING

BEYOND

RAISING

III

–

:

2

1.

EXECUTIVE SUMMARY

People with disabilities are recognised to be one of the most disadvantaged sections of our
society and continue to face considerable barriers in accessing all aspects of social life.

The approach to disability endorsed by the European Union acknowledges that environmental
barriers are a greater impediment
to participation in society than functional limitations.
Barrier removal through legislation, provision of accommodations, universal design and other
means, has been identified as the key to equal opportunities for people with disabilities

While responsibility for these issues remains mainly with the Member States, the present
scope of Community competence provides for substantial means and added value to achieve
better equal opportunities for people with disabilities.

The inclusion of a general non-discrimination article covering inter alia disability in the Treaty of
Amsterdam provides the basis for a crucial leap forward to promote equal rights for people
with disabilities at EU level. Based on Article 13 of the EC Treaty, the European Commission
has adopted on 26 November 1999 a comprehensive anti-discrimination package. From a
disability perspective, the relevant part of this package consists of a proposal for a directive in
the field of employment and occupation prohibiting discrimination on all grounds of
discrimination listed in Article 13 and an action programme consisting of a wide array of
complementary measures in this respect.

To complement the above mentioned initiatives as well as to meet the commitment made by
the Intergovernmental Conference to take into account the needs of people with disabilities
when drawing up measures under article 95 of the Treaty, this Communication seeks to
review some key EU policies which can contribute to the improvement of access for people
with disabilities.

the focus of this
While disability related activities exist
Communication rests upon those EU policies that are of particular importance in the drive
towards a 'barrier free society' for disabled Europeans. This Communication therefore places a
particular emphasis upon the achievement of a greater synergy between related issues in the
transport, the internal market,
fields of employment, education and vocational training,
information society, new technologies and consumer policy.

in most Community fields,

Mobility plays a crucial role in ensuring participation in economic and social activity and the
lack of it is an inhibiting factor against the participation rights of people with disabilities to
the detriment of all. The Commission has already recognised the significance of this issue for
some time and is suggesting new ways through which the needs of people with disabilities
this Communication also underlines that
might be better addressed. At
advances on mobility issues have to be made coherently on all connected fronts in order to get
the best results out of the process. It also asserts that positive developments in improving
access for people with disabilities have positive implications for other areas such as quality of
working life, the protection of the consumer and the competitiveness of European Industry.
Accordingly, the Commission is drawing the links between the relevant inter-sectoral policies
and is looking forward how more synergy can be obtained.

the same time,

Recent EU developments in the field of new technologies, including the eEurope initiative,
will also play a crucial role in enabling people with disabilities to overcome functional
limitations and thus enhancing their prospects for participation. This Communication

3

underlines the fragmented and underdeveloped state of the EU market in this field and
identifies some actions to be undertaken to develop a truly common market and to bring
supply more closely into alignment with demand.

A strong knowledge base, including reliable statistical data on the prevalence of disability and
on its implications to participate fully in all aspects of society, adequate co-ordination and
consultation mechanisms are seen as essential
this
Communication. Moreover, the Commission will also continue to foster the development of
best practice within its own organisation.

the implementation of

tools for

Along with environmental barriers, negative attitudes towards disability must be challenged if
we are to succeed in achieving equality of opportunity for disabled Europeans. With this aim
in mind, the Commission will propose to the Council that the year 2003 be declared as the
European Year of Disabled Citizens in order to promote society's awareness of disability
issues and to provide a catalyst for the introduction of new policies in this regard at all levels
of governance. The objective of such a proposal, therefore, is to strengthen the concept of
citizenship for people with disabilities.

2.

INTRODUCTION – DISABILITY AS A COMMUNITY CONCERN

2.1.

A renewed Approach to Disability

At any point in time, the number of people in the European Union directly affected by some
form of disability is estimated at around 10% of the total population; a percentage currently
amounting to approximately 37 million people. People with disabilities do not constitute an
homogeneous group and there is a broad range of disabilities and issues. Disabilities may be
apparent or hidden, severe or mild, singular or multiple, chronic or intermittent. Types of
disabilities
and visual
impairments.

include mobility/agility, mental/cognitive, hearing,

speaking,

People with disabilities are recognised to be one of the most disadvantaged sections of our
society and continue to face considerable barriers in accessing all aspects of social life.
Systemic barriers which are often the major cause of exclusion of people with disabilities
limited education and training
include,
opportunities, lack of supports and numerous disincentives in the social and economic field.
Women with disabilities are stronger affected in their opportunities for participation.

lack of affordable transportation,

inter alia,

The new disability policy framework, as advocated at international level and in particular by
the United Nations Resolution entitled the 'Standard Rules for the Equalisation of Opportunities
for Persons with Disabilities' 1993, acknowledges that an individual's ability to function in
society and to be employed depends as much on the openness of society to accommodate
people with their differences as on the specific functional limitations that identify a person as
"disabled". Environmental barriers are a greater impediment to participation in society than
functional limitations and barrier removal through legislation, universal design, provision of
accommodations and other means, has been identified as the key to equalisation of
opportunities for people with disabilities

In pursuance of the Standard Rules, the Commission adopted its Communication “Equality of
Opportunity for People with Disabilities - A New Community Disability Strategy”1. The latter

1

COM(1996) 406 final.

4

has been politically endorsed by the Council and the Member States in a Resolution in
December 19962.

Whilst main responsibility in this field lies with the Member States,
the Resolution
emphasised that the European Community could make a significant contribution in fostering
co-operation between Member States and in encouraging the exchange and development of
best practice in the Community and within the policies and activities of the Community
institutions and organs themselves.

In its Resolution on the Commission's Communication,
the European Parliament also
welcomed the new approach adopted by the Commission and requested it to take active
measures within its mainstreaming approach to enable people with disabilities to participate in
all relevant Community programmes.

2.2.

Some Major Steps Forward

the Commission has been intensively working with the
Building these Resolutions,
Parliament, Member States and non governmental organisations to advance co-operation on
disability issues. Several Community initiatives have been taken to promote equal
opportunities for people with disabilities. The following is a non exhaustive list of some main
achievements to date.

Since the adoption of the European employment strategy in 1997, disability issues are firmly
embedded in the annual Council Guidelines. National Action Plans for Employment include
some noticeable effort towards improving the job prospects and the skills of people with
disabilities as one of the target groups that can benefit most from preventative action and
employability measures. To underpin these important policy developments, the Commission
is supporting ongoing discussions and research with the Member States, the social partners
and non- governmental organisations on the new trends, ideas and innovative policies and
practices that are emerging in the field. A Commissions Services document "Raising
employment levels of people with disabilities - the common challenge"3, has also been issued
in 1998 which seeks to identify some common recommendations and to suggest areas where
further work could be done. Drawing on the latter, on 17 June 1999, the Council adopted a
Resolution4 put forward by the German Presidency on equal employment opportunities for
people. The Commission intends to pay a particular attention to employability measures for
people with disabilities in the Joint Employment Report 2000.

A recent Communication from the Commission Strategies for Jobs in the Information Society
(COM (2000)48) adopted on February 4th 2000 – which supports both the European
Employment Strategy and the eEurope initiative – specifically addresses the promotion of the
employability of people with disabilities by recommending the Information Society Industries
to ensure from 2000 that standards for user-friendly equipment are applied.

During the programming period 1994-1999 of the European Social Fund, which is the main
instrument through which EU financial support is provided for people with disabilities,
Member States have earmarked significant funding to promote employment opportunities for
people with disabilities. A wide range of actions including work experience wage subsidies,
work experience schemes, temporary sheltered employment and other intermediate labour

2

3

4

OJ C 12, 13.1.1997
SEC(1998) 1550
OJ C 186, 2.7.1999

5

market steps, self employment and development of co-operatives for the mentally and
severely physically disabled are being supported. During the new programming period (2000-
2006), in line with the Employment guidelines, Member States are invited to undertake a
variety of initiatives which are of particular relevance to people with disabilities people, in
particular in the fields related to employability and equal opportunities for all.

Support has also been made available through the EMPLOYMENT Community Initiative to
help people who have specific difficulties in finding or keeping a job or career. One of the
four strands of this Initiative, HORIZON, provides support specifically for people with
disabilities; disabilities ranging from physical to mental health impairments or cerebral palsy.
A total of 1700 projects have received or are still receiving ESF funding under HORIZON,
the aim of which is to develop new ways of tackling the problems which people face in
today’s ever changing labour market and to bring about positive changes in training and
employment policies and practices.

Responding on the invitation of the Commission, the Social Partners have produced at EU
level a Compendium of best practice on the employment of people with disabilities which has
been forwarded to the Vienna European Council in December 1998. Moreover, on 19 May
1999, they adopted a Joint Declaration highlighting the need for promoting the employment
of people with disabilities as a positive factor for the undertaking.

In 1998 the European institutions also adopted a Code of Good Practice which provides a
clear statement of the European Institutions’ policy in relation to the employment of people
with disabilities as well as a guideline for Directorates General and Services in this respect.

The Technology Initiative for Disabled and Elderly people (TIDE) (1991-1994) was a
community technology promotion and application initiative with both a Pilot and a Bridge
phase. Between 1991 and 1994, a total European Commission contribution of 52 MECU was
allocated to the initiative.

A considerable number of projects targeting the needs of people with disabilities have also
been supported through various EU mainstream programmes or initiatives such as Socrates,
Leonardo da Vinci, Health Promotion, Daphne, Prince, Phare and Tacis etc.

Co-operation with and among the Member States has been particularly reinforced through the
creation of a High-Level Group of Senior Officials from the Member States. The latter has
proven to be a valuable tool for framing and clarifying common goals, for identifying
examples of best practice and for exchanging information and experience on disability policy
between the Member States.

Building on the achievements of the Third Community Action programme on behalf people
with disabilities - Helios II - (1993-1996), the Commission has also been strengthening its
relations with NGOs in the disability field and giving its support to the European Disability
Forum, with which the Commission enjoys close and regular contact.

2.3.

A New Impetus

Although much progress has been made, the Commission is aware that more work needs to be
done to achieve the goal of full participation and equal access for people with disabilities.

The inclusion of a general non-discrimination article covering inter alia disability in the Treaty of
Amsterdam provides the basis for a crucial leap forward in this area. Based on Article 13 of
the European Commission has adopted on 26 November 1999 a
the EC Treaty,

6

comprehensive anti-discrimination package5. From a disability perspective, the relevant part
of this package consists of a proposal for a directive in the field of employment and
occupation prohibiting discrimination on all grounds of discrimination listed in Article 13 and
an action programme consisting of a wide array of complementary measures in this respect.
Discrimination faced by people with disabilities on the labour market will be further
addressed by the new Community Initiative EQUAL (2000-2006), the aim of which is
transnational co-operation to promote new means of combating all forms of discrimination
and inequalities in connection with the labour market.

However, the adoption of instruments for combating discrimination constitutes only one part
of a broader strategy for promoting equal access for people with disabilities. Accordingly, in
addition to the new Article 13, the Intergovernmental Conference at Amsterdam sought to
offer an even stronger guarantee to people with disabilities by including the Declaration n° 22
in the Final Act, stating that the Community institutions must take account of the needs of
persons with a disability when adopting measures to approximate Member States' legislation.
In adopting this declaration, the Conference underlined the need at EU level for the adoption
of more inclusive standards which would translate general concepts of non discrimination and
equal access into the processes involved in completion of the internal market.

To complement the anti-discrimination initiatives as well as to meet the commitment made by
the Intergovernmental Conference, the Commission has decided to reinforce its rights based
approach to disability by outlining some strategic approaches and key actions to promote a
greater inclusiveness of European Union policy. The focus of this Communication therefore
rests primarily upon EU policies that are considered critical for successful removal of 'access
barriers' to people with disabilities. As such,
it places a particular emphasis upon the
achievement of a greater synergy between related issues in the fields of employment,
education and vocational training, transport, the internal market, information society, new
technologies and consumer policy.

This Communication therefore acknowledges that the main responsibility for disability policy
remains with the Member States as the present scope of Community competence requires
action in only a limited number of fields in this respect. That being said, this Communication
clearly demonstrate that the present scope of Community competence nevertheless provides
for substantial means to contribute to equality of opportunities for people with disabilities.

Finally, the purpose of this Communication is not simply to set up a collection of specific
objectives or measures but also to serve as a policy tool to recast the whole Commission's
approach to disability along the principles of non-discrimination and inclusiveness.

3.

PART I: A ROADMAP TOWARD GREATER COMMUNITY ADDED
VALUE

3.1.

Toward Greater Mobility as an Aspect of Citizenship.

In our modern society, it is impossible to be integrated to any useful extent in social life or in
economy if one cannot move freely, whether for the purpose of work or leisure. Mobility
should not be regarded simply as a convenience or even as a social and economic necessity. It
should be regarded as a right to which everyone should be entitled, subject to reasonable
economic and technical constraints.

5

COM(1999) 564 final

7

This is all the more true for people with mobility handicaps for whom the ability to participate
at all in social, commercial, economic, cultural and political life depends on the solution of
mobility problems in a way which does not apply to other people . However, it is also widely
accepted that making transport easier to use for people with disabilities would contribute to
meeting broader policy objectives like improving public transport, reducing congestion,
lessening social exclusion and keeping people mobile and integrated in the community as far
as possible.

The European Union has recognised the significance of this issue for some time. In 1993, the
Commission adopted a Community Action Programme for Accessible Transport6 whose aim
was to increase the usability of transport for persons with reduced mobility. It involved a
series of Community measures to be taken in relation to technical standards applicable to
infrastructure, facilitating co-operation on information
means of transport and transport
programmes, and co-ordinating research programmes.

More recently, the Commission has adopted a proposal for a Directive, relating to special
provisions for vehicles used for the carriage of passengers comprising more than eight seats in
addition to the driver’s seat (buses and coaches)7, which inter alia lays down that vehicles
used for urban services must be accessible to people with limited mobility, including those
using wheelchairs. The draft directive establishes technical prescriptions for accessible
vehicles to be used for urban passenger transport, acknowledging the requirement to extend
accessibility to interurban transport vehicles.

Within several EU research programmes, particular attention has also been paid to the needs
of people with reduced mobility. Research included inter alia projects on the problems of low
floor buses, the development of urban transport systems integrating people with reduced
mobility and research on passenger interfaces and rail accessibility.

Building on these achievements, the Commission envisages to strengthen the EU contribution
to improving mobility for people with disabilities along the following lines .

–

–

–

6

7

Improving Service Level : To complement the bus and coaches draft directive, the
Commission will draw up guidelines on better provision for people with disabilities
in public transport vehicles and in all transport-related facilities.

to Rail Travel

: The Commission will

Access
some
recommendations drawn from the COST 335 project on Passenger's accessibility of
heavy rail systems, in particular in the drafting of Technical Specifications for
Interoperability under Community legislation of the interoperability of the Trans-
European railway networks.

seek to implement

Air Travel
: Although serious efforts are made by airports and air carriers,
to conform to Standards and
particularly encouraged by ACI and IATA,
Recommended Practices of the International Civil Aviation Organisation as well as
those
of
accommodations and frequent instances were boarding has been denied continue to
cause some problems for people with disabilities using travel services across Europe.
The Commission will consider the action needed as part of the policy it intends to

the European Civil Association Conference,

unavailability

of

COM(1993) 433 final
COM(1997) 276 final

8

–

–

–

–

8

9

develop on air passenger rights, including promoting good practice in co-operation
with the sector and the users.

Maritime transport: In June, 1991 the International Maritime Organisation (IMO)
adopted the "Recommendation on the design and operation of passenger ships to
respond to elderly and disabled persons' needs". The Commission is implementing
this Recommendation as well as the results of the Handiami Project (an investigation
into the problems of disabled passengers in access and emergency situations when
using marine transport and the employment of disabled people in the maritime
industry). For example, the Council Directive 1999/35/EC of 29 April 1999 on a
system of mandatory surveys for the safe operation of regular ro-ro ferry and high-
speed passenger craft services 8 contains a specific requirement that "Companies are
to ensure that on board their ro-ro ferries and high-speed passenger craft general
information about the services and assistance available to elderly and disabled
persons on board is made known to the passengers and is made available in formats
suitable for people with impaired sight.

Inclusive Trans-European Networks: According to the Community guidelines for the
development of the Trans-European transport network (TEN)9 one of the aim of the
network is to ensure sustainable mobility of people and goods within an area without
internal frontiers under best possible social and safety conditions and to offer users
high-quality infrastructure on acceptable economic terms. Whilst
this objective
applies also to people with disabilities, there are no particular conditions imposing
full access for people with disabilities. The decision to build transport infrastructure
projects,
is primarily the
responsibility of the Member States. The revision of the guidelines for TEN-
Transport offers the possibility to draw their attention to the need to improve access
to the network for people with reduced mobility, in view of promoting further quality
standards of this network Member States.

including the selection of

the technical standards,

Mainstreaming in further research: Accessibility issues will be taken into account
under the 5th Framework Research programme, in particular with regard to the key
action on research into transport infrastructures and their interfaces with transport
means and systems, sustainable mobility and intermodality and systems and services
for the citizen.

Fostering good practice With UITP (International Public Transport Association) and
the POLIS network of local and regional authorities, the Commission has set up the
European Local Transport Information Service (ELTIS). This is a computerised
database of good practice in local and regional transport. It includes case studies of
accessible transport for people with reduced mobility, and the opportunity for
operators and authorities to submit their own case studies. The Commission will
continue to support the exchange of know-how and good practice and state-of-art
technologies throughout Europe and further integrate the needs of mobility impaired
people in its relevant mainstream projects .

OJ L 138, 1.6.1999
Decision 1692/96/EC of 23 July 1996 (OJ L 228, 9.9.1996.)

9

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reciprocal

recognition Since

Encouraging
the Council
Recommendation of June 1998 on parking card for people with disabilities10 ,there is
already reciprocal recognition between Member states of parking concessions for
people with disabilities. The Commission will consider the possibility of extending
this approach to other similar areas.

adoption

the

of

3.2.

Toward More Accessibility - The Need to Fill Intersectoral Policy Gaps.

Making means of transport and travel information more accessible will not be enough in the
absence of a comprehensive review of the whole transport chain. Accessible buses or trains
are not of great use if people with mobility impairments cannot reach the bus stop or the
station or if they cannot use an automated ticket dispenser. Bridging such gaps would require
the development of a framework to address accessibility issues between transport systems,
buildings, and other public areas. Such framework clearly involves closer co-operation among
several policies and levels of governance.

This is also true at EU level where a number of policies such as industry, information society,
social cohesion and regional development, environment, transport, social policy and health
and safety at work affect accessibility issues. Some aspects of the mobility chain are already
partly dealt by EU legislation such as the framework directive 89/391/EEC11 which foresees
that the employer should adapt the work to the disabled worker. In an other field, the
European Parliament and Council Directive 95/16/EC of 29 June 199512 sets out specific
points for access to new lifts by disabled persons and the Commission recommendation of 8
June 199513 sets out different measures for improving safety and accessibility for existing
lifts.

It is the view of the Commission that the European Union should promote accessibility in a
co-ordinated way among several policy fields. By so doing, it would contribute towards an
improvement
the protection of the consumer and the
competitiveness of European Industry. Indeed, policies to promote employment for people
with disabilities will not be effective unless they are backed by effective action to reduce and
where possible eliminate accessibility problems.

in the quality of working life,

Moreover, a good and safe working environment is important for the individual in order to
maintain health and working capacity as well as an important competitive factor for the
enterprise. At the same time, accessibility is good business for the whole commercial sector of
facilities provided for the public ; this is particularly true in the tourist sector where hotels,
holidays centres and sites of interest which are accessible to people with disabilities and
elderly are the only option for a considerable and increasing number of clients. Furthermore,
as with transport issues, accessibility and ease of use are powerful preventative measures
against fatigue and accidents.

Finally, the harmonisation of building standards aiming at accessibility as well as safety has a
valuable contribution to make to the promotion of a European market in a wide range of
goods and services.

10

11

12

13

OJ L 167, 12.6.1998
OJ L 183, 29.6.1989
OJ L 213, 7.9.1995
OJ L 134, 20.6.1995

10

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–

–

–

–

–

–

In consultation with the industry and users, the Commission will identify those areas
where it would be appropriate to implement EU mandatory accessibility standards
for the built environment.

Many new transport and infrastructure projects are being planned or constructed in
Europe with the support of EU funding. This is the case in particular as far as Trans-
European networks and the Structural Funds are concerned. The lifetime of transport
equipment and infrastructure can be extremely long and it
is vital to consider
accessibility requirements from the outset. The Commission will seek that projects
considered for EU funding incorporate accessibility requirements,
to approved
standards or recognised best practice, into the design and construction.

The Commission will seek to use its market strength to encourage the commercial
construction sector to comply with the best practice in the field of accessibility
standards and encourage every public authority in Europe to do so.

The Commission - based on its own evaluation and the reports which Member States
are required to submit - will assess the implementation of the disability requirement
contained within the framework directive 89/391/EEC in addition to its degree of
compliance within the workplace as well as the enforcement effort deployed in its
application.

The Commission will build a database with guidance on best practice and on
methods improving disability management in the workplace. This will be achieved
by means of up-to-date electronic information enabling access by enterprises and
their intermediates at the European Health and Safety Agency.

The Commission will explore appropriate ways to promote at EU level measures
seeking that architects, construction engineers and others involved in the design and
construction of the physical environment have access to adequate information on
disability policy and measures to achieve accessibility.

Within the 5th framework programme, new ways to promote universal design in
accessibility will be explored,
is easily
adaptable across the lifecycle and to meet differing accessibility needs.

for example, promoting housing that

3.3.

Harnessing the Information Society for the Benefit of All - The Europe
Initiative and Disability

Issues relating to accessibility are also of utmost importance in the context of the information
society. Developments
in technology - particularly information and communication
technology - can offer tremendous opportunities. However, people with disabilities can also
face additional barriers.

In this context, the European Union has already developed several initiatives to ensure that
the information society benefits everyone, including people with disabilities. This is aptly
demonstrated by the Commission's Communication on "The Social and Labour Market
Dimension of the Information Society People First14 - The Next Steps" aimed to identify
specific actions designed to maximise the contribution of the Information Society in
promoting employment and inclusion.

14

COM(1997)390

11

telecommunications

Other relevant initiatives have included the Directive 98/10/EC on open network provision to
in a competitive
voice telephony and on universal service for
environment15 which requests the Member States, where appropriate,
to take suitable
measures in order to guarantee access to and affordability of all fixed public telephone
services for disabled users and users with special social needs. More recently, on 9 March
1999 the Council and the European Parliament also adopted the Radio Equipment &
Telecommunications Terminal Equipment (R&TTE) Directive16 which inter alia gives the
Commission the powers to decide that apparatus within certain equipment classes or
apparatus of particular types must be so constructed that it supports certain features in order to
facilitate its use by users with a disability.

In the frame of the European Information Society Standardisation policy, the Commission has
also assigned a standardisation mandate to the European standardisation organisations, CEN,
CENELEC and ETSI, inviting them to identify the specific needs for standardisation in
support of a better integration of elderly and disabled people in the Information Society (see
http://www.cenorm.be/isss/Workshop/Design-for-All/Default.htm).

Under the Fifth RTD Framework Programme17, research notably addresses person/system
interfaces and adaptive and assistive systems to overcome problems caused by environmental
barriers confronting those with physical and/or intellectual impairments, as well as intelligent
systems and services to support
living and participation in the information
society. The European Commission's Joint Research Centre also actively participates in
research related to a number of emerging technologies; such as the implementation of voice-
to-text systems for the deaf, man-machine interfaces at the workplace, and internet access for
people with disabilities.

independent

On 8 December 1999 the European Commission launched an initiative entitled "eEurope - An
Information Society for All", which proposes ambitious targets to bring the benefits of the
Information Society within reach of all Europeans. The initiative focuses on ten priority areas,
one of them specifically addressing the needs of people with disabilities. The targets set up by
improving access to the information society for people with
the Communication for
disabilities include the following :

–

–

–

15

16

17

A review of the relevant legislation and standards programmes dealing with the
Information Society will be undertaken, with a view to ensuring their conformity
with accessibility principles and accelerating standardisation processes.

The Commission will prepare a Communication on how public procurement
instruments can positively take account of the needs of people with disabilities in the
public procurement of information and communication technology products and
services.

The European Institutions and the Member States should endorse the existing Web
Accessibility Initiative (WAI) guidelines, making the design and content of all public
Web sites accessible to people with disabilities
(http://www.w3.org/tr/wai-
webcontent). Public-private partnerships should be encouraged to ensure widespread
web accessibility.

98/10/EC OJ L 101, 01.04.1998
99/ 05/EC OJ L 091 , 07.04.1999
Decision No 182/1999/EC of the European Parliament and of the Council of 22 December 1998,
OJ L 026 du 01.02.1999

12

–

The Commission will set up a European network to optimise the interaction among
national centres of excellence (either physical or virtual) and encourage the
development of curricula in design for all for designers and engineers.

3.4.

Enabling technologies - Toward a More Developed Common Market
Assistive Technology

for

Fostering the design for all principle will result in technologies, goods and services that
accommodate the needs of a broader range of users, including many of those with disabilities.
However, designing for the broader average will not always accommodate the needs of those
with severe disabilities or very specific requirements. Ensuring access to technologies for
such users can be best achieved by other means - designing special products and services or,
in many cases, adapting or interfacing existing products and services to meet particular
requirements. This technology, which is based on special products and services for older
people and people with disabilities, is often called assistive technology (AT).

The markets for such services and products are significant at present - but are set to grow
enormously, given demographic developments. It is estimated that in 1990 disabled and
elderly consumers directly purchased mainstream goods and services worth 326 billion ECU.
With reference to the market for specialised products and services, it is estimated that in
Europe this market is worth 10 billion Euro at present and is growing at a rate of 10 to 20%
per annum.

However, the economies of scale which the internal market should foster do not operate
smoothly in this area. The AT industry is very fragmented - particularly when it comes to
specialised products and services. These are often produced by small- and medium-sized
enterprises which address the needs of consumers with particular disabilities, which may have
a very small portfolio of products at a regional (or even local) level, and which often have
limited resources. Fragmentation in the AT industry also arises from the national regulations
which tend to vary from Member State to Member State. This fragmentation leads to
to duplication of effort, and to a consequent
solutions which are often incompatible,
inefficient utilisation of funding and financial resources.

Promoting a healthy AT industry and a well developed market at EU level will improve the
availability of cost-effective products and services for the end user. In addition, proper
development of the market has significant potential to reduce the increasing cost of care. It is
also important to address these issues because this market is in danger of being lost to foreign
competition, in particular, to competition from the USA where several laws mandating access
- such as the 1990 Americans with Disabilities Act and Section 508 of the 1986 Rehabilitation
Act - are boosting the development of the AT industry. On the one hand, promotional
activities to enhance initiatives by small- and medium-sized enterprises working this area is
already included in the activities of the Fifth Framework Programme; on the other hand,
Article 13 of the Amsterdam Treaty will eventually have a trickle-down effect on national
legislations in European member states.

–

18

Some assistive devices for people with disabilities are already covered by the
Council Directive concerning medical devices18 whose purpose is to stimulate an
open European market and a transparent market offer. The CEN Technical
Committee TC 293 (Standardisation of Technical Aids for Persons with Disabilities)

93/42 EEC, OJ L 169, 12.07.1993

13

–

–

–

–

has prepared a first set of standards for products groups such as wheelchairs. Other
standards are in the preparatory or development stage. In order to improve the
competitiveness of the AT market and provide better availability of the products, the
Commission will consider the feasibility of implementing usability standards in this
field.

The Commission has requested CEN/CENELEC/ETSI to determine, in close co-
operation with organisations representing the needs of elderly and disabled persons
and relevant consumers', requirements for standardisation to ensure accessibility for
disabled and elderly people within the information society. The Mandate emphasises
the need to further develop the design for all approach while developing new services
and products as well as the assistive technology approach when required.

Information collection and dissemination is a prerequisite for availability of
information, advice, and guidance to end users and to market development. Building
on the experience of the Handynet and other database or information-gathering
projects, the Commission will seek to improve co-operation and exchange between
existing and potential future national assistive technology information offices taking
into consideration the possibilities offered by the increasing use of the internet.

The availability and affordability of appropriate assistive devices is critical
to
equality of opportunities for many people with a disability. Member States are
responsible for the provision of aids and appliances The arrangements for delivery
and the eligibility for assistance of people with a disabilities may vary between and
within States. However, removal of physical, social, and policy barriers to foster the
free movement of people, cross-border acceptance of services, and barrier-free sales
of products is a target that the EU will continue to strive for.

The Commission is in favour of reducing or eliminating taxes and tariffs on aids and
appliances for people with disabilities where this does not conflict with other tax and
customs policy objectives. It is worth recalling that Member States may already
apply a reduced rate of VAT to medical equipment, aids and appliances for people
with disabilities19 . In the customs field, a Council Regulation20 provides that articles
for the use of people with disabilities should be imported free of import duties under
certain conditions.

3.5.

Protecting the Rights and Interests of Consumers with Disabilities in the
Marketplace

As stated in the previous chapter, with the emergence of the single market and the
disappearance of the fragmented national markets, there is a unique opportunity to design
products at an affordable price for a segment of the market that was previously difficult to
reach.

In the past, many companies, particularly those whose products are marketed across the full
spectrum of the population, tended to consider disabled customers as a niche market at best,
and an unwanted intrusion at worst. However, companies are increasingly taking the view
that, when properly managed, programmes which address the needs of people with disabilities
can open up new market opportunities and be profit generators rather than cost enhancers.

19

20

77/388/EEC: 6th VAT Directive of 17 May 1977, OJ L145, 13.06.1977.
918/83/EEC, OJ L105, 23.04.1983

14

This positive trend is also been reflected in the development of the European consumer policy
which aims to cover all kinds of consumers including consumers with disabilities. The
approach adopted so far has involved the consideration of projects for financial support and
the inclusion of representative organisations in consultation procedures wherever appropriate.
Examples of this type of action include the development of criteria on Special User Needs
that could be included in the protocols used for comparative testing of consumer products and
the application of the principle of "Design for all"; although the latter has to date concentrated
primarily on preparation for the introduction of the EURO. This work has been carried out
through the integration of representatives of people with particular impairments at all stages
of the decision making process as consumer representatives.

In the context of consumer protection, mention should also be made of the Directive
95/46/EC21 which ensures inter alia a qualified protection of personal data revealing
disabilities.

These positive developments could be further strengthened along the following lines.

–

–

–

4.

In the framework of its Consumer Policy action plan for the new Millennium, the
Commission should pay particular attention to ensure that the specific needs of
people with disabilities are duly taken into account, in particular when as regards
access to justice, financial services and product safety.

Under the framework standardisation mandate in the field of consumer safety, the
Commission has issued a Mandate to the European Standard Bodies to develop a
guidance document for standards writers how to address the issue of safety and
usability for people with special needs.

Addressing the needs of disabled consumers will be included among the policy
objectives that will be made explicit in the new regulatory framework for Electronic
Communications infrastructure and associated services.22

PART II : POLICY TOOLS FOR THE ACHIEVEMENT OF GREATER
COMMUNITY ADDED VALUE

ignorance or prejudice about

Imperfect knowledge of the true extent of disability,
its
structural characteristics and a limited knowledge of the various initiatives which can be taken
to improve access have been identified by the Commission and is one of the major obstacles
to overcome in order to make inclusive policies. The problem is also compounded by the fact
that people with disabilities form a very diverse group, with very different life circumstances,
types and severity of disability, and face a range of different barriers. A strong knowledge
base, adequate co-ordination and consultation mechanisms are seen as essential tools for the
implementation of any measure.

21

22

OJ L 281, 23.11.1995.
Towards a new framework for Electronic Communications infrastructure and associated services: The
1999 Communications Review: COM (1999) 539 final.

15

4.1.

Interpreting the numbers and understanding the needs

Reliable statistical and demographic data and information about people with disabilities are
essential to help the Commission and all policy makers to plan and design measures that will
enable all individuals, including those with functional limitations, to perform independently
and efficiently at home, in the workplace, and in social life at large.

In 1992/1993 Eurostat published a comprehensive document providing a first series of
statistics on the characteristics and of the socio-economic situation of the population of
disabled persons. Since 1994 the European Community Household Panel (ECHP), a multi-
purpose survey, set up within the European Statistical System (ESS) as a monitoring tool to
provide longitudinal information on a number of social issues, provided a first series of data
on disability, comparable at Community level.

The Commission will endeavour to further improve the collection of useful statistical
information on the needs of people with disabilities along the following lines :

–

–

–

–

Data will be collected in respect to health status, social protection, health and safety
at work, employment and education. Moreover, according to the Commission
regulation (EC) No 1924/1999 of 8 September 199923, an ad hoc module in the
European labour force survey concerning disabled people's employment will be
completed in 2002.

Co-operation among Member States will be promoted to develop a framework for
ensuring that a consistent core of definitions and data collection methods are used
across the Member states and to improve comparability of statistical data on
disability across the Community. Where needed, ways will be explored for filling the
data gaps.

The programme on health monitoring aims at developing a framework of comparable
health indicators and data in the EU. These indicators will enable a better
understanding of the different types and degrees of disability with regard to everyday
activities, social life and working abilities.

The Fifth RTD Framework Programme (1998 to 2002) will contribute significantly
to improve the knowledge base on disabilities, in particular through its programme
"Quality life and management of living resources", through its key action "The
Ageing Population" and through the action line "Research relating to people with
disabilities". They aim to enhance the quality of life and independence of people with
disabilities, notably through improving their social and physical environment (e.g.
technology for rehabilitation and assistance) and the effective and efficient delivery
of the health and social care services available to them.

4.2.

Designing inclusive EU programmes

At EU level , the Commission looks forward to design programmes open and accessible for
all EU citizens and which, as a matter of principle, incorporate the individual and particular
needs of people with disabilities in the very core of their design. At the same time, it
recognises that the specific needs that result from disabilities cannot always be accommodated
in each and every mainstream programme. Where this is the case, the Commission's overall

23

OJ L 238, 09.09.1999

16

approach is to provide complementary measures, designed to mesh with the generic
programme, to ensure that no one is denied the opportunity to participate just because of
disability.

–

The Commission will seek to ensure the participation of people with
disabilities in mainstream programmes. To this end, it will provide where
needed specific measures in order to meet the particular needs of people with
disabilities so as to ensure true equality of opportunity. The costs of specific
measures needed to allow such participation will also be taken into account, as
far as budgetary constraints allow, in calculating the amount of Community
financial support to be granted.

4.3.

Leading by example

In order to further its commitment to creating a barrier free service which is accessible to all
as well as to strengthen the credibility to its recommendations to other actors ,
the
Commission will continue to foster the development of best practice within its own
organisation.

a)

Employment

People with disabilities are significantly under-represented in the workplace; an
arena that includes the European public service. The Commission, together with the
other EU institutions, has adopted in 1998 a Code of Good Practice on the
employment of people with disabilities. The following points of the code are of
particular note: adaptation of the examination/recruitment procedures to the needs of
disabled candidates, access to specific training when needed for disabled officials,
staff retention measures involving technical support, reorganisation of work and
flexible or part-time working, entitlement
to reasonable accommodation of the
working environment.

The Commission considers of utmost importance to further implement the Code and
to support the participation of people with disabilities within the Commissions
services . This would also help to demonstrate the valuable contribution of people
with disabilities to the workforce and improve sensitiveness on the issue among other
staff.

– Within the framework of its internal reform, the Commission will take the
necessary measures to facilitate the access of people with disabilities to work in
the European Public Service. The issues which need to be addressed include:
the organisation of competitions, career development, administrative assistance
and the provision of appropriately equipped offices and buildings. Posts which
can be most easily occupied by those with a disability will also be identified

–

The Commission will encourage staff to attend disability awareness training,
which includes information on disability discrimination issues as well as
presentations by people with a variety of disabilities when appropriate.

b)

Accessibility of Commissions' premises

Within the framework of
the
Commission has already committed itself to develop strategies for ensuring that
accessibility issues are considered as part of any upgrade of existing premises and

the above mentioned Code of good practice,

17

selection of new premises. Furthermore, all refurbishment, building upgrades and
newly occupied buildings should, at a minimum, comply with existing national
standards.

–

The Commission will seek to ensure that offices and facilities are accessible to
its employees and to citizens who visit Commissions services. It will ensure
that a list of accessible meeting venues, including details of nearby toilets and
facilities such as assistive devices etc.,
is regularly publicised within the
Commission and that when organising venues for meetings the needs of people
with disabilities are considered.

c)

Information and Communication

Europeans with disabilities have the same right and need for information as other
citizens and the lack of availability of public information in alternative formats
prevents them from gaining access to the information they need.

The Commission is increasingly using the Internet as a means of providing large
numbers of people with access to information and other services in a timely and cost
effective way. Availability of information and services in electronic form via the
World Wide Web has the potential to provide equal access for people with a
disability and to provide access more broadly, more cheaply and more quickly than is
otherwise possible using other formats. However, the presence of a document on the
World Wide Web does not guarantee by itself accessibility. Language as well as the
physical location of documents can limit access to information and create barriers to
full participation of people with disabilities.

For communication to be inclusive and therefore effective, the differing needs of
persons with disabilities must be considered. Persons with disabilities may have
added difficulty in accessing information in standard format. Alternative formats are
necessary to communicate information to persons with sensory or cognitive
disabilities.

In addition to the commitment mentioned under point 3.3, the Commission intends to
undertake the following actions :

–

–

The Office for Official Publications of the European Communities will
promote the development and implementation of standards and best practices
to make information more accessible to citizens with disabilities. It will also
support the sharing of materials in alternate formats across Europe through the
EU - Publishers Forum.

The Commission will amend its guidelines on access to Commission
documents to ensure that publications and information about
the policies,
programs and services are accessible to people with disabilities in alternate
formats where appropriate and feasible.

d) Mainstreaming in the European Schools

Several Recommendations and Resolutions have already been adopted by the
Council and the Ministers of Education meeting within the Council aiming at

18

improving the integration of children with disabilities into mainstream schools24.
These initiatives have also been implemented within the European Schools which are
official education institutes falling under the jurisdiction of the Governments of the
Member states. In particular, the Board of Governors of the European Schools
decided in 1995 the setting up of the Learning Support Committee with a view of
widening and redefining the framework for integration of pupils with disabilities in
all teaching levels of the European Schools.

–

The Commission will continue to support the efforts made by the European
Schools to give appropriate support to pupils with disabilities with a view to
integrate them into its mainstream classes and in particular to better assist
students with specific learning disabilities.

4.4.

Consulting people with disabilities

Life experience provides people with disabilities with the skills and understanding to quickly
identify the policies and practices which affect or prevent them from accessing services and
facilities and to devise possible solutions to address those barriers. In particular,
the
Commission acknowledges that most of the ideas formulated in this Communication have
been drawn by the Commission from its ongoing dialogue with people with disabilities,
experts and associations in the disability field.

–

–

In implementing its initiatives, the Commission will seek to build consultation
processes with the disability community and its representative NGOs.
Depending upon the issue,
specific
circumstances ( ex: participation in advisory/consultative bodies, setting-up of
references groups or working parties, drawing up of consultations papers or
conducting public forums, internet…).

these process will vary to suit

To strengthen the disability community capacity to contribute to policy and
the Commission will promote partnerships among
program development,
disability organisations, other NGOs, social partners; support events and
mechanisms which encourage greater engagement and consultation; and
encourage the flow of information and knowledge through networks and
research by non-governmental organisations.

4.5.

Strengthening the co-ordination among Commission's services

The main mechanism to date for the co-ordination of disability policy across relevant areas of
Commission responsibility has been the Interservice group on Disability. All relevant
Directorates General already participate actively in the group and it has proven to be an
effective tool to raise awareness of disability issues and to encourage more intersectoral co-
operation in this field.

–

The disability Interservice group will therefore continue to meet regularly in
order to exchange information on the state of play in respect of relevant actions
in each policy field and to consider the development of any additional action so

24

See in particular the Resolution of the Council and the Ministers for Education meeting with the
Council of 31 May 1990 concerning integration of children and young people with disabilities into
ordinary systems of education (OJ C 162, 03.07.1990).

19

to

as
optimise
complementarity.

both

the

existing

resources

and

the

inter-service

–

–

The Interservice group will work to develop audit tools and information related
to disability issues at the intention of Commissions' services.

The Commission's services will seek to produce targeted guidance for people
with disabilities seeking assistance for information on EU programmes and
initiatives relevant to people with disabilities.

5.

PART
STRENGHTENING CO-OPERATION AND BUILDING MOMENTUM

LOOKING BEYOND – RAISING AWARENESS,

III

:

The directions outlined above, as well as the ongoing work with Member States and non
governmental organisations, will contribute to achieve progress in removing barriers and
enhancing the opportunities for people with disabilities to participate fully in all aspects of
society.

The present Communication focuses mainly on the issue of accessibility as a way to increase
the awareness of policy makers, industry and society as a whole about what is possible and
what is demanded. It emphasises that accessibility also serves a wider purpose in that it
connects accessibility with full citizenship in modern societies.

However, making this a reality will require the involvement , the support and the co-operation
of all stakeholders - governments at all levels, the private sector, communities, voluntary
sector groups, people with disabilities and their families. While governments at all levels can
help by providing leadership, expertise and resources, everyone must get involved if we are to
succeed in removing attitudinal barriers and opening up opportunities to all Europeans.

With this aim in mind, the Commission will propose to the Council the year 2003 to be
declared as the European Year of Disabled Citizens in order to raise awareness, to stimulate
participation, to build momentum for new policies, at all levels, and to strengthen the concept
of European citizenship for people with disabilities.

The Commission will also encourage the Candidate countries to closely follow this
development of the Community policy on behalf people with disabilities.

Finally, progress in the implementation of this Communication will be assessed in a Report to
the Council and the European parliament which will constitute one of the Commissions'
contribution to that European Year.

20