4 COLUMN EUROPEAN ACCESSIBILITY ACT - Terry Reintke · 2018-12-12 · European Accessibility Act /...

DRAFT PROVISIONALLY AGREED TEXT

12 December 2018

European Accessibility Act / 2015/0278 (COD)

4-column table for the the first reading trilogues Comments on the layout:

1. Order of some recitals and articles have been changed so that the comparable parts of the text are together.

2. Chapters and articles are in the order of the Cion proposal. The Council GA divided Chapters III, IV and V in several chapters to separate

articles dealing with products, services, and both products & services. Please see comments under chapter headings which articles are included

in chapters.

3. The annexes are presented in the following order (note that Annexes 0 and 0a are included in the document for reference purposes and do not

form part of the provisionally agreed text):

Annex I: Council GA and relevant EP amendments/new EP text

Annex Ia: Annex of examples

Annex Ib: Annex on built environment

Annex II: Cion/EP/Council

Annex III: Cion/EP/Council

Annex IV: The assessment of disproportionate burden (referred to in Article 12)

Annex 0: Commission and EP texts (highlighted in grey, for reference purposes)

Annex 0a: Annex of examples (Council GA, highlighted in grey for reference purposes)

Cell in green: The text can be deemed as provisionally agreed

Cell in yellow: The issue needs further discussion at technical level

Cell in red: The issue needs further discussion in depth at the Trilogue meetings

Note: Differences between EP's position and the Commission's proposal are highlighted in bold/italics and deletions are shown in

strikethrough. Underlined/bold and “[...]” indication in the Council column indicates where the Council has amended the Commission's text.

Differences between Compromise text and Commission’s proposal are highlighted in bold/italics - deletions are not shown.


Rows Cion Proposal EP Amends, 14 Sept 2017 Council GA, 15586/17 Compromise text

1 DIRECTIVE OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

DIRECTIVE OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

DIRECTIVE OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

DIRECTIVE OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

2 on the approximation of the laws,

regulations and administrative

provisions of the Member States

as regards the accessibility

requirements for products and

services

on the approximation of the

laws, regulations and

administrative provisions of the

Member States as regards the

accessibility requirements for

products and services

on […] the accessibility

requirements for products and

services

On the accessibility requirements

for products and services

3 (Text with EEA relevance) (Text with EEA relevance) (Text with EEA relevance) (Text with EEA relevance)

4 THE EUROPEAN

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

THE EUROPEAN

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

THE EUROPEAN

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

THE EUROPEAN PARLIAMENT

AND THE COUNCIL OF THE

EUROPEAN UNION,

CITATIONS

5 Having regard to the Treaty on

the Functioning of the European

Union, and in particular

Article 114 thereof,

Having regard to the Treaty on




Having regard to the Treaty on




Having regard to the Treaty on the

Functioning of the European



7 Having regard to the Charter

of Fundamental Rights of the

European Union, and in

particular to Article 26 thereof,

[Amendment 1]

[Not to be included]

8 Having regard to the proposal

from the European Commission,

Having regard to the proposal




Having regard to the proposal from

the European Commission,



9 Having regard to the proposal




After transmission of the draft

legislative act to the national

Parliaments,

After transmission of the draft

legislative act to the national

Parliaments,

10 Having regard to the opinion of

the European Economic and

Social Committee1,

Having regard to the opinion of


Social Committee1

Having regard to the opinion of


Social Committee2,

Having regard to the opinion of the

European Economic and Social

Committee3,

11 Acting in accordance with the

ordinary legislative procedure,

Acting in accordance with the


Acting in accordance with the


12 Whereas: Whereas: Whereas: Whereas:

RECITALS

13 (1) The purpose of this Directive

is to contribute to the proper

functioning of the internal market

by approximating laws,


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


products and services. This will

increase the availability, and

improve the accessibility and

practicality, of information on


in the internal market. [Amdt 2]

(1) The purpose of this

Directive is to contribute to the

proper functioning of the

internal market by

approximating laws, regulations


the Member States, by

eliminating barriers to the free


products and services. This

would increase the availability

of accessible products and

services on the internal market.

(1)The purpose of this Directive is

to contribute to the proper


by approximating laws, regulations


the Member States as regards


certain products and services, by,

in particular, eliminating and

preventing barriers arising from

divergent accessibility

requirements in the Member

States to the free movement of

certain accessible products and

services. This would increase the

availability of accessible products

1 OJ C , , p. . 2 Adopted 25 May 2016. OJ C , , p. . 3 Adopted 25 May 2016. OJ C , , p. .



and services in the internal market

and improve the accessibility of

relevant information.

14 (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 citizens

persons with functional

limitations, including persons

with disabilities and/or

functional limitations 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 European 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 3]


products and services is high

and the number of citizens with

disabilities […] is projected to

increase significantly. […] An

environment where products

and services are more accessible

allows for a more inclusive

society and facilitates

independent living for persons

with disabilities.


products and services is high and

the number of citizens with

disabilities is projected to increase

significantly. An environment

where products and services are

more accessible allows for a more

inclusive society and facilitates

independent living for persons

with disabilities. In this context, it

should be kept in mind that the

prevalence of disability in the

Union is higher among women

than among men.

15 (2a)(new) This Directive

defines persons with

disabilities in line with the

United Nations Convention on


Disabilities (UN CRPD), to

which the European Union is

a party as of 21 January 2011.

The UN CRPD states that

(2a)(new) This Directive defines

persons with disabilities in line

with the United Nations

Convention on the Rights of

Persons with Disabilities (UN

CRPD), to which the European

Union is a party as of 21 January

2011 and which all Member

States have ratified. The UN



persons with disabilities

"include those who have long-

term physical, mental,

intellectual or sensory

impairments which in

interaction with various

barriers may hinder their full

and effective participation in

society on an equal basis with

others". This Directive

promotes full and effective

equal participation by

improving access to

mainstream products and

services that through their

initial design or subsequent

adaptation address the

particular needs of persons

with disabilities.

CRPD states that persons with

disabilities "include those who

have long-term physical, mental,


impairments which in interaction

with various barriers may hinder

their full and effective

participation in society on an

equal basis with others". This

Directive promotes full and

effective equal participation by

improving access to mainstream

products and services that

through their initial design or

subsequent adaptation address the

particular needs of persons with

disabilities.

16 (2b)(new) Other persons who

experience functional

limitations, stemming from

other physical, mental,


impairments, older age, or

other human body

performance related causes,

permanent or temporary,

which in interaction with

various barriers may likewise

hinder their full and effective

participation in society on an

equal basis with others, would

(2b)(new) Other persons who

experience functional limitations,

such as elderly persons, pregnant

women or persons travelling with

luggage, would also benefit from

this Directive. The concept of

“persons with functional

limitations”, as referred to in this

Directive, includes persons who

have any physical, mental,


impairment, age related

impairment, or other human body




also benefit from this

Directive.

permanent or temporary, which in

interaction with various barriers

result in their reduced access to

products and services, leading to a

situation that requires adaptation

to their particular needs of those

products and services.

This recital covers row 173 and 26

17 (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 4]

Covered in recital 25 (row 72) on

universal design

18 (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

(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 the their free

movement of such products and

services and distort effective

competition in the internal

market. For other products,

disparities are likely to increase

due to the entry into force of



administrative measures

adopted by the Member States

in relation to accessibility of

products and services for […]

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.


laws and administrative measures

adopted by Member States in

relation to the accessibility of

products and services for persons

with disabilities, create barriers to

their free movement and distort

effective competition in the

internal market. For other

products, those disparities are

likely to increase in the Union

after the entry into force of the

Convention. Economic operators,

in particular small and medium-

sized enterprises (SMEs), are



particularly affected by those

barriers.

the Convention. Economic

operators, in particular small

and medium-sized enterprises

(SMEs), are particularly

affected by those barriers.

[Amendment 5]

particularly affected by those

barriers.

19 (4) Due to the differences in

national accessibility

requirements, individual

professionals, SMEs and micro-

enterprises in particular are

discouraged from entering into

business ventures outside their

own domestic markets. The

national, or even regional or

local, accessibility requirements

that Member States have put in

place currently differ as regards

both coverage and level of detail.

Those differences negatively

affect competitiveness and

growth, due to the additional

costs incurred in the development

and marketing of accessible

products and services for each

national market.

(4) Due to the differences in



professionals, SMEs and micro-

enterprises in particular are


business ventures outside their

own domestic markets. The

national, or even regional or

local, accessibility requirements

that Member States have put in

place currently differ as regards

both coverage and level of

detail. Those differences

negatively affect

competitiveness and growth,

due to the additional costs

incurred in the development and

marketing of accessible


national market.




professionals, SMEs and

microenterprises in particular

are discouraged from entering

into business ventures outside

their own domestic markets.

The national, or even regional

or local, accessibility

requirements that Member

States have put in place

currently differ as regards both

coverage and level of detail.

Those differences negatively

affect competitiveness and

growth, due to the additional

costs incurred in the

development and marketing of


for each national market.


national accessibility requirements,

individual professionals, SMEs and

microenterprises in particular are


business ventures outside their own

domestic markets. The national, or

even regional or local, accessibility

requirements that Member States

have put in place currently differ as

regards both coverage and level of

detail. Those differences

negatively affect competitiveness

and growth, due to the additional

costs incurred in the development

and marketing of accessible


national market.

20 (5) Consumers of accessible

products and recipients of

accessible services are faced with

high prices due to limited

competition among suppliers.

(5) Consumers of accessible

products, and in particular of

assistive technologies, and

recipients of accessible services

are faced with high prices due to


products and recipients of

accessible services are faced

with high prices due to limited

competition among suppliers.


products and services and of

asssistive technologies and

services are faced with high prices

due to limited competition among



Fragmentation among national

regulations reduces potential

benefits from sharing experiences

with national and international

peers in responding to societal

and technological developments.

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 6]

Fragmentation among national

regulations reduces potential

benefits from sharing


international peers in

responding to societal and

technological developments.

suppliers. Fragmentation among

national regulations reduces

potential benefits from sharing


international peers in responding to

societal and technological

developments.

21 (6) The approximation of national

measures at Union level is

therefore necessary for the proper


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 and mobility,

freedom of movement of

products and services, and free

movement of persons,


disabilities, as well as to help


concentrate resources on

innovation instead of using

those resources for covering

expenses arising from

fragmented legislation.

[Amendment 7]

(6) The approximation of

national measures at Union

level is therefore necessary for


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


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 to cover

expenses arising from fragmented

legislation.



22 (7) The benefits of harmonising

accessibility requirements for the

internal market have been

demonstrated by the application

of Directive 2014/33/EU of the

European Parliament and of the

Council regarding lifts4 and

Regulation (EC) No 661/2009 of

the European Parliament and of

the Council5 in the area of

transport.

(7) The benefits of harmonising


the internal market have been





Regulation (EC) No 661/2009

of the European Parliament and

of the Council4 in the area of

transport.



the internal market have been







of the Council4 in the area of

transport.



internal market have been

demonstrated by the application of

Directive 2014/33/EU of the



Regulation (EC) No 661/2009 of

the European Parliament and of the

Council4 in the area of transport.

23 (8) In Declaration No 22 annexed

to the Treaty of Amsterdam, the

Conference of the

Representatives of the Member

States agreed that, in drawing up

measures under Article 114 of the

Treaty, the institutions of the

Union are to take account of the

needs of persons with disabilities.

(8) In Declaration No 22

annexed to the Treaty of

Amsterdam, the Conference of

the Representatives of the

Member States agreed that, in

drawing up measures under

Article 114 of the Treaty, the

institutions of the Union are to

take account of the needs of

persons with disabilities.

(8) In Declaration No 22

annexed to the Treaty of

Amsterdam, the Conference of

the Representatives of the

Member States agreed that, in

drawing up measures under


institutions of the Union are to

take account of the needs of


(8) In Declaration No 22 annexed

to the Treaty of Amsterdam, the

Conference of the Representatives

of the Member States agreed that,

in drawing up measures under


institutions of the Union are to take

account of the needs of persons

with disabilities.

24 (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

Not to be taken over

4 Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to

lifts and safety components for lifts (OJ L 96, 29.3.2014, p.251). 5 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of

motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p.1).



implementing its policies and

activities. Article 19 TFEU

gives the Union the power to

adopt legal acts to combat such

discrimination. [Amendment 8]

25 (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






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




application of Articles 21, 25

and 26 of the Charter of


European Union. [Amendment

9]







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


European Union.






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




application of Articles 21, 25 and

26 of the Charter of Fundamental

Rights of the European Union.

26 (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

Covered in rows 14, 16



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. [Amdt 250]

27 (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

Covered in row 14



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. [Amdt 11]

28 (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

(10) The overall aim of the


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

(10) The overall aim of the


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

ensure that […] electronic

content such as electronic

communication and access to

audiovisual media services is fully available to persons with

disabilities. It is therefore

necessary to harmonise

(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 ensure that

electronic content such as

electronic communication and

access to audiovisual media

services is fully available to

persons with disabilities. It is

therefore necessary to harmonise



regardless of their abilities can

enjoy its benefits.

accessibility requirements

across the digital single market

and to ensure that all Union

citizens regardless of their

abilities can enjoy its benefits.

[Amendment 12]


across the digital single market

and to ensure that all Union

citizens regardless of their

abilities can enjoy its benefits.

accessibility requirements across

the digital single market and to

ensure that all Union citizens

regardless of their abilities can

enjoy its benefits.

29 (11) In accordance with Article

216(2) of the Treaty, agreements

concluded by the Union are

binding upon the institutions of

the Union and on its Member

States. Thus, after the conclusion

by the Union of the United

Nations Convention on the Rights

of Persons with Disabilities (the

Convention), its provisions have

become an integral part of the

Union legal order.

(11) In accordance with Article

216(2) of the Treaty,

agreements concluded by the

Union are binding upon the

institutions of the Union and on

its Member States. Thus, after

the conclusion by the Union of

the United Nations Convention

on the Rights of Persons with

Disabilities (the Convention), its

provisions have become an

integral part of the Union legal

order.

11) […] After […] the Union

became a Party to the UN

CRPD, its provisions have

become an integral part of the

Union legal order.

(11) After the Union became a

Party to the UN CRPD, its

provisions have become an integral

part of the Union legal order and

are binding upon the institutions of

the Union and on its Member

States.

30 (12) In its Article 9, the

Convention requires its parties to

the Convention to take

appropriate measures to ensure

that persons with disabilities have

access to the physical

environment, to transportation, to

information and communications,

including information and

communications technologies and

systems, and to other facilities

and services open or provided to

the public, both in urban and in

(12) In its Article 9, the

Convention requires its parties

to the Convention to take


that persons with disabilities

have access to the physical

environment, to transportation,

to information and

communications, including

information and

communications technologies

and systems, and to other

facilities and services open or

(12) […]The UN CRPD

requires […] Parties to the

Convention to take appropriate

measures to ensure that persons

with disabilities have access to

the physical environment, to

transportation, to information

and communications, including

information and

communications technologies

and systems, and to other

facilities and services open or

provided to the public, both in

(12) The UN CRPD requires

Parties to the Convention to take

appropriate measures to ensure that

persons with disabilities have

access to the physical environment,

to transportation, to information

and communications, including

information and communications

technologies and systems, and to

other facilities and services open or


urban and in rural areas, on an

equal basis with others. The United



rural areas, on an equal basis with

others. The United Nations

Committee on the Rights of

Persons with Disabilities has

indicated the need to create a

legislative framework with

concrete, enforceable and time-

bound benchmarks for

monitoring the gradual

implementation of accessibility.



equal basis with others. The

United Nations Committee on


Disabilities has indicated the

need to create a legislative

framework with concrete,

enforceable and time-bound

benchmarks for monitoring the

gradual implementation of

accessibility.


equal basis with others. The

United Nations Committee on


Disabilities has identified the

need to create a legislative

framework with concrete,

enforceable and time-bound

benchmarks for monitoring the

gradual implementation of

accessibility.

Nations Committee on the Rights

of Persons with Disabilities has

identified the need to create a

legislative framework with

concrete, enforceable and time-

bound benchmarks for monitoring

the gradual implementation of

accessibility.

31 (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 13]

(12a) The UN CRPD 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.

32 (12b) In the rail transport

sector, Directive (EU) 2016/797

of the European Parliament

Covered in row 59



and of the Council6 and

Commission Regulation (EU)

No 1300/20147 (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


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.

[Amdt 232]

33 (13) The entry into force of the

Convention in the Member

States’ legal orders entails the

(13) The entry into force of the

Convention in the Member

States' legal orders entails the

(13) The entry into force of the

UN CRPD in the Member

States' legal orders entails the

(13) The entry into force of the UN

CRPD in the Member States' legal

orders entails the need to adopt

6 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union

(OJ L 138, 26.5.2016, p. 44-101). 7 Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's

rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p.110-178).



need to adopt additional national

provisions on accessibility of

products and services which

without Union action would

further increase disparities

between national provisions.

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. [Amdt 233]

need to adopt additional



services, and without Union

action, those provisions would

further increase disparities

between the laws, regulations

and administrative provisions

of the Member States.

additional national provisions on


services, and without Union

action, those provisions would

further increase disparities between

the laws, regulations and

administrative provisions of the Member States.

34 (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 14]

Not to be included

35 (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

(13a) Urban authorities are to be

encouraged 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



regularly publish lists of best

practices regarding barrier-free

accessibility to urban public

transport and mobility.

[Amendment 15]

regarding barrier-free

accessibility to urban public

transport and mobility.

To move to the recitals on

transport

36 (14) It is therefore necessary to

facilitate the implementation of

the Convention by providing

common Union rules.

(14) It is therefore necessary to

facilitate the implementation of

the Convention by providing

common Union rules.

(14) This Directive supports

Member States to achieve

their national commitments as

well as their obligations under

the UNCRPD regarding

accessibility in a harmonised

manner.


facilitate the implementation in the

EU of the Convention by

providing common Union rules.

This Directive also supports

Member States in their efforts to

achieve their national

commitments as well as their

obligations under the UNCRPD

regarding accessibility in a

harmonised manner.

37 (15) The European Disability

Strategy 2010-2020 – A Renewed

Commitment to a Barrier-Free

Europe8 – 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


ensuring to ensure the

(15) The European Disability

Strategy 2010-2020 – A

Renewed Commitment to a

Barrier-Free Europe7 – in line

with the UN CRPD, establishes



ensuring accessibility of


(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


areas of action, indicates that it is

a basic precondition for

participation in society, and aims

to ensure the accessibility of


8 COM (2010) 636.




services. [Amendment 16]

38 (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



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



for persons with disabilities and

older persons, for which

Member States have adopted or

are likely to adopt diverging


requirements. [Amendment 17]

(16) The determination of the

products and services falling

within the scope of this

Directive is the result of a

screening exercise, carried out

during the preparation of the

Impact Assessment that

identified relevant products and

services […] for persons with

disabilities, and […] for which

Member States have adopted or

are likely to adopt diverging


requirements disruptive to the

functioning of the internal

market.

(16) The determination of the

products and services falling

within the scope of this Directive is

based on a screening exercise,

carried out during the preparation

of the Impact Assessment that

identified relevant products and

services for persons with

disabilities, and for which Member

States have adopted or are likely to

adopt diverging national


disruptive to the functioning of

the internal market.

39 (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

has to falling within the scope

of this Directive and placed on

the market after the date of

application of this Directive

should comply with the


identified set out in Article 3

and listed in Annex I to be


disabilities and older persons.

The e-commerce accessibility

obligations also apply to the

online sale of services under

(17) Each product and service


Directive placed on the

market or provided after the

date of on which Member

States has to apply the

national law implementing

this Directive should comply

with the applicable


identified in this Directive, so

as to be accessible for persons

with disabilities.[…]

Deleted

Row 39 is covered by rows 52 and

61 (26/6/18).



points (a) to (e) of Article

1(2)(a) to (e) of this Directive.

[Amdt 19]

40 (17a)(new) In order to ensure

the accessibility of the services


Directive, products used in the

provision of those services

with which the consumer

interacts should also be

required to comply with the

applicable accessibility

requirements of this Directive.

(17a)(new) In order to ensure the

accessibility of the services falling

within the scope of this Directive,

products used in the provision of

those services with which the

consumer interacts should also be

required to comply with the



41 (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. [Amdt

20]

(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.



42

(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


requirements set out in this

Directive or be obliged to use

the procedure laid down in

[recital 18, see after recital 15]

(18) […] Accessibility

requirements should be

introduced in the manner that

is least burdensome […] for the


Member States. […]

(18) Accessibility requirements

should be introduced in the

manner that is least burdensome

for the economic operators and the

Member States.



Article 12 in order to be

exempted from the obligations

of this Directive. [Amendment

21]

43 (19) It is therefore necessary to

specify accessibility requirements

for the placing on the market of

products and services which fall


in order to ensure their free

circulation in the internal market.


specify accessibility

requirements for the placing on

the market of products and

services which fall within the

scope of this Directive in order

to ensure their free circulation

in the internal market.

(19) It is […] necessary to

specify accessibility

requirements for the placing on

the market of products and

services which fall within the

scope of this Directive in order

to ensure their free circulation

in the internal market.

(19) It is necessary to specify


placing on the market of products

and services which fall within the

scope of this Directive in order to

ensure their free circulation in the

internal market..

44 (20) This Directive should make

compulsory the use of functional

accessibility requirements in

terms of general objectives.

These should be precise enough

to create legally binding

obligations and sufficiently

detailed so as to make it possible

to assess conformity in order to

ensure the good functioning of

the internal market for the

products and services covered.

(20) This Directive should make

compulsory the use of

functional accessibility

requirements in terms of general

objectives. These should be

precise enough to create legally

binding obligations and

sufficiently detailed so as to

make it possible to assess

conformity in order to ensure

the good functioning of the

internal market for the products

and services covered.


compulsory the use of

functional accessibility

requirements in terms of general

objectives. These should be

precise enough to create legally


sufficiently detailed so as to

make it possible to assess

conformity in order to ensure

the good functioning of the

internal market for the products

and services covered. However,

they should leave a degree of

flexibility for innovation, for

example, by allowing the

economic operator to choose

which additional sensory

channel to provide in addition

to the one available so as to


compulsory the use of functional

accessibility requirements in terms

of general objectives. These should

be precise enough to create legally


sufficiently detailed so as to make

it possible to assess conformity in

order to ensure the good


for the products and services

covered, as well as leave a certain

degree of flexibility in order to

allow for innovation.



ensure that at least two

sensory channels are

available.

44a

(new)

20a. This Directive contains a

number of functional

performance criteria related to

modes of operations of products

and services. They are not meant

as a general alternative to the

accessibility requirements of this

Directive but should be used in

very specific circumstances only.

These functional performance

criteria should apply to specific

functions or features of those

products or services, to make them

accessible, when the accessibility

requirements do not address one

or more of those specific

functions or features of those

products or services.

In addition, in the eventual case

that an accessibility requirement

would contain specific technical

requirements, and an alternative

technical solution for those

technical requirements is provided

in the product or service, this

alternative technical solution,

should still comply with the

related accessibility requirements

and result in equivalent or



increased accessibility by applying

the relevant functional

performance criteria.

45 (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.

[Amdt 22]

Covered in row 69

46 (20a)(new) This Directive

should cover general purpose

consumer computer hardware

systems. Such computer

hardware systems are

characterised by their

multipurpose nature and their

ability to perform, with the

(20a)(new) This Directive should

cover general purpose consumer

computer hardware systems. For

these systems to perform in an

accessible manner, their operating

systems should also be accessible.

Such computer hardware systems

are characterised by their



appropriate software, the

most common computing

tasks requested by consumers

and are intended to be

operated by consumers.

Personal computers, including

desktops, notebooks,

smartphones and tablets are

examples of such computer

hardware systems. Specialised

computers embedded in

consumer electronics products

do not constitute general

purpose consumer computer

hardware systems. This

Directive should not cover, on

individual basis, single

components with specific

functions, such as a

mainboard or a memory chip,

that are used or may be used

in such a system.

multipurpose nature and their


appropriate software, the most

common computing tasks

requested by consumers and are

intended to be operated by

consumers. Personal computers,

including desktops, notebooks,

smartphones and tablets are

examples of such computer

hardware systems. Specialised

computers embedded in consumer

electronics products do not

constitute general purpose

consumer computer hardware

systems. This Directive should not

cover, on individual basis, single

components with specific

functions, such as a mainboard or

a memory chip, that are used or

may be used in such a system.

47 (16a)(third part) This Directive

should cover accessibility

requirements for telephony

services equipment and

websites. This Directive should

also cover accessibility

requirements for telephony

(20b)(new) This Directive

should further cover

electronic communication

services as defined in

Directive 2002/21/EC of the

European Parliament and of

the Council,9 including such

On emergency answering services

see row 65a.

(x) This Directive should further

cover electronic communications

services including emergency

communications as defined in the

EECC. At present, the measures

9 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications

networks and services (OJ L 108, 24.4.2002, p. 33).



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 227]

communication services used

for emergency

communications, which are an

integral part of electronic

communications services. At

present, the measures taken

by Member States are

divergent and are not

harmonised throughout the

internal market. Ensuring

that the same accessibility

requirements apply

throughout the Union will

lead to economies of scale for

operators active in more than

one Member State and will

facilitate the effective access

for persons with disabilities in

their own Member States and

when travelling between

Member States. For

emergency communications to

be accessible, service

providers should, in addition

to voice, provide real time text

and total conversation where

video is provided, ensuring

the synchronisation of all

those communication means.

Member States could, while

respecting this Directive,

determine a third party relay

service provider which could

taken by Member States to provide

access to disabled persons are

divergent and are not harmonised

throughout the internal market.

Ensuring that the same

accessibility requirements apply

throughout the Union will lead to

economies of scale for operators

active in more than one Member

State and facilitate the effective

access for persons with disabilities

in their own Member States and

when travelling between Member

States. For electronic

communications services

including emergency

communications to be accessible,

providers should, in addition to

voice, provide real time text and

total conversation where video is

provided by them, ensuring the

synchronisation of all those

communication means. Member

States in addition to the

requirements of this Directive in

accordance with the Electronic

Communication Code, should be

able to determine a relay service

provider that could be used by




be used by persons with

disabilities to communicate

with the PSAP.

(xa) This Directive harmonises


electronic communication services

and related products,

complements the Electronic

Communications Code which sets

requirements on equivalent access

and choice for end-users with

disabilities. The European

Electronic Communications Code

also sets requirements under

universal service obligations on

the affordability of internet access

and voice communications and

the affordability and availability

of related terminal equipment,

specific equipment and services

for end-users with disabilities.

48 This Directive should also

cover consumer terminal

equipment with interactive

computing capability

foreseeably to be primarily

used to access such electronic

communication services. The

latter category includes

equipment used as part of the

setup in accessing said

services such as a router or a

modem. The rapid

technological evolution and

innovative character of

(xb) This Directive should also

cover consumer terminal


computing capability foreseeably

to be primarily used to access


services. For the purpose of this

Directive the latter category

should be deemed to include

equipment used as part of the

setup in accessing said services

such as a router or a modem.




services is likely to be

reflected in forthcoming

sectorial legislation that also

might have an impact on

accessibility. Therefore this

Directive should be without

prejudice to Directive

2002/21/EC10. In case of a

conflict between Directive

2002/21/EC 11 and this

Directive, the former should

prevail.

49 (16 a)(parts 1and 2) Directive

2010/13/EU of the European

Parliament and of the

Council12 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

(20d)(new)13 For the purposes

of this Directive, access to

audiovisual media services

means that the access to

audiovisual content, has to be

accessible, as well as

mechanisms to allow users

with disabilities to use their

assistive technologies. The

access may be provided for

example via devices such as

set-top boxes or connected TV

services that enable to receive

(xc) For the purposes of this

Directive, access to audiovisual

media services means that the

access to audiovisual content has

to be accessible, as well as

mechanisms that allow users with

disabilities to use their assistive

technologies. Services providing


services could include websites,

online applications; set-top boxes

based applications, downloadable

applications, mobile device-based

10 Will be replaced by a reference to the eCode when the European Electronic Communications Code is adopted. 11 Will be replaced by a reference to the eCode when the European Electronic Communications Code is adopted. 12 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation

or administrative action in Member States concerning the provision of audiovisual media services (OJ L 95, 15.04.2010, p. 1). 13 Text amended for accuracy.



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. [amdt 227]

audiovisual content. [The

Directive should also cover

features or services providing


services, and the accessibility

features of Electronic

Programme Guides (EPGs) as

their accessibility is not

covered in the AVMSD].

services including mobile

applications and related media

players as well as connected TV

services. Accessibility of

audiovisual media services is

regulated in Directive

2010/13/EC. Exceptions are the

electronic programming guides

(EPGs) and services providing


services to which this Directive

applies.

50 (20e)(new) E-books files are

based on a electronic

computer coding that enables

the circulation and

consultation of a mostly

textual and graphical

intellectual work. The degree

of precision of this coding

determines the accessibility of

e-book files, in particular

regarding the qualification of

the different constitutive

elements of the work and the

standardised description of its

structure. The

interoperability in terms of

accessibility should optimise

the compatibility of these files

with the user agents and with

current and future assistive

technologies. By contrast, e-

(20e)(new) E-books files are based

on a electronic computer coding

that enables the circulation and

consultation of a mostly textual

and graphical intellectual work.

The degree of precision of this

coding determines the

accessibility of e-book files, in

particular regarding the

qualification of the different

constitutive elements of the work

and the standardised description

of its structure. The

interoperability in terms of

accessibility should optimise the

compatibility of these files with

the user agents and with current

and future assistive technologies.

Specific features of special

volumes like comics, children’s

books and art books should be



book accessibility

requirements shall not

infringe the integrity of the

intellectual work whose digital

files enable the consultation

and the circulation. Specific

features of special volumes

like comics, children’s books

and art books should be

considered regarding all


requirements. Different


Member States would make it

difficult for publishers and

other economic operators to

benefit from the advantages of

the internal market, could

create interoperability

problems with e-readers and

would limit the access for

disabled customers.

considered regarding all


requirements. Different


Member States would make it

difficult for publishers and other

economic operators to benefit

from the advantages of the

internal market, could create

interoperability problems with e-

readers and would limit the access

for disabled customers. In the

context of e-books the concept of

a service provider could include

publishers and other economic

operators involved in their

distribution.It is recognised that

people with disabilities continue to

face barriers to access content

because of copyrights and related

rights and that certain measures

have already been taken to

address this situation through

Directive 2017/1564 and

Regulation 2017/1563, but also

that further Union measures

could be taken in this respect in

the future.

51 (20f)(new) This Directive

defines e-commerce as a

service provided at a distance,

by electronic means and at the

individual request of a

(20f)(new) This Directive defines

e-commerce as a service provided

at a distance, by electronic means

and at the individual request of a

consumer, with a view to



consumer, with a view to

concluding a consumer

contract. For the purposes of

this definition “at a distance”

means that the service is

provided without the parties

being simultaneously present;

”by electronic means” means

that the service is initially sent

and received at its destination

by means of electronic

equipment for the processing

(including digital

compression) and storage of

data, and transmitted,

conveyed and received in its

entirety by wire, by radio, by

optical means or by other

electromagnetic means; “at

the individual request of a

consumer” means that the

service is provided on

individual request; “with a

view to conclude a consumer

contract” intends to limit the

scope of e-commerce services

only to business to consumer

transactions and specifies, in

the context of this Directive,

the economic operators

concerned, by elaborating the

exact intention of providing

such services.

concluding a consumer contract.

For the purposes of this definition

“at a distance” means that the

service is provided without the

parties being simultaneously

present; “by electronic means”

means that the service is initially

sent and received at its destination

by means of electronic equipment

for the processing (including

digital compression) and storage

of data, and transmitted, conveyed

and received in its entirety by

wire, by radio, by optical means or

by other electromagnetic means;

“at the individual request of a

consumer” means that the service

is provided on individual request.

Given the increased relevance of

e-commerce and its high

technological nature, it is

important to have harmonised

requirements for its accessibility.



52 (20g)(new) The e-commerce

accessibility obligations

contained in this Directive

should apply to the online sale

of any product or service and

should therefore also apply to

the sale of a product or service

covered in its own right under

this Directive.

(20g)(new) The e-commerce

accessibility obligations contained

in this Directive should apply to

the online sale of any product or

service and should therefore also

apply to the sale of a product or

service covered in its own right

under this Directive.

53 (20h)(new) European Union

legislation on banking and

financial services aims to

protect and provide

information to consumers of

those services across the EU

but does not include


With a view to enabling

people with disabilities to use

these services throughout the

Union, make well-informed

decisions, and feel confident

that they are adequately

protected on an equal basis

with other consumers as well

as ensure a level playing field

for service providers, this

Directive should establish

common accessibility

requirements for certain

banking and financial services

provided to consumers.

(20h)(new) European Union

legislation on banking and

financial services aims to protect

and provide information to

consumers of those services

across the EU but does not

include accessibility requirements.

With a view to enabling people

with disabilities to use these

services throughout the Union,

including where provided through

websites and mobile applications,

make well-informed decisions,

and feel confident that they are

adequately protected on an equal

basis with other consumers as

well as ensure a level playing field

for service providers, this

Directive should establish


requirements for certain banking

and financial services provided to

consumers.



54 (20i)(new) The appropriate


should also apply to

identification methods,

electronic signature and

payment services as these are

necessary for concluding

consumer banking

transactions.

(20i)(new) The appropriate

accessibility requirements should

also apply to identification

methods, electronic signature and

payment services as these are

necessary for concluding

consumer banking transactions.

55 (20j)(new) This Directive

should also cover within its

scope interactive self-service

terminals including both

hardware and software

dedicated to be used for the

provision of the services being

covered by this Directive,

excluding machines installed

as integrated parts of vehicles,

aircrafts, ships or rolling

stock. This includes for

example Automated Teller

Machines, payment terminals

and other Self-Service

Terminals used for consumer

banking services; any

ticketing machines issuing

physical tickets granting

access to services covered by

this Directive such as travel

ticket dispensers, bank office

queuing ticket machines;

(20j)(new) This Directive should

also cover payment terminals both

hardware and software and

certain interactive self-service

terminals including both

hardware and software dedicated

to be used for the provision of

services covered by this Directive,

for example Automated Teller

Machines, ticketing machines

issuing physical tickets granting

access to services such as travel

ticket dispensers, bank office

queuing ticket machines; and

interactive self-service terminals

providing travel information,

including interactive information

screens.

(20ja)(new) However, certain


installed as integrated parts of



check-in machines used to

check passengers in for

passenger transport services;

and interactive self-service

terminals providing travel

information, including

interactive information

screens.

vehicles, aircrafts, ships or rolling

stock should be excluded from the

scope of this Directive since these

form part of those vehicles,

aircrafts, ships or rolling stock

which are not covered by this

Directive.

56 (20k)(new) In the context of

air, bus, rail and waterborne

passenger transport services

this Directive should also

cover the delivery of transport

service information provided

through websites, mobile

applications, interactive self-

service terminals and

interactive information

screens required by

passengers with disabilities in

order to travel, including real-

time travel information. This

could, for example, include

pre-journey information,

information during the

journey and information

provided when a service is

cancelled or delayed in

departure. Other elements of

information may also include

for example information on

prices and promotions.

(20k)(new) In the context of air,

bus, rail and waterborne

passenger transport services this

Directive should also cover the

delivery of transport service

information provided through

websites, mobile applications,


and interactive information

screens required by passengers

with disabilities in order to travel,

including real-time travel

information. This could, for

example, include pre-journey

information, information during

the journey and information

provided when a service is

cancelled or delayed in departure.

Other elements of information

may also include for example

information on prices and

promotions.



57 (20l)(new) This Directive

should also cover mobile

device-based services

including mobile applications

developed or made available

by operators of passenger

transport services within the

scope of this Directive or on

their behalf, such as electronic

ticketing services, electronic

tickets, and the delivery of

information about the service

provider's passenger

transport products and

services, including the

delivery of real-time travel

information.

(20l)(new) This Directive should

also cover mobile device-based

services including mobile

applications developed or made

available by operators of



or on their behalf, such as

electronic ticketing services,

electronic tickets, and the delivery

of information about the service

provider's passenger transport

products and services, including

the delivery of real-time travel

information.

58 (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. [Amendment 26]

(20m)(new) The

determination of the scope of

this Directive with regard to



should be based on the

existing sectorial legislation

relating to passenger rights.

(22c) The determination of the

scope of this Directive with regard

to air, bus, rail and waterborne


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 encourage

service providers to apply the

relevant accessibility requirements

provided for in this Directive.



The second sentence can be placed

after all other recitals on

transport.

58a New recital: Directive 2016/2102


of the Council on accessibility of

public sector websites already

provides for obligations for public

sector bodies delivering transport

services, including urban

transport services, to make their

websites accessible.

The present Directive moreover

contains exemptions for micro-

enterprises providing services,

including urban transport

services. In addition, this

Directive includes obligations for

e-commerce websites to be

accessible. Since this legislation

will therefore oblige the large

majority of private transport

service providers to make their

websites accessible, when selling

tickets on-line, it is not necessary

to introduce further requirements

for websites of urban transport

service providers in the present

Directive.

59 (22a) Certain elements of the

accessibility requirements laid

(20n)(new) Certain elements

of the accessibility

(20n)(new) Certain elements of

the accessibility requirements,



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

14 and Commission Regulation

(EU) No 1300/201415 and


No 454/201116 as regards rail

transport; Regulation (EU) No

181/2011 of the European


Council17 as regards bus and

coach transport; and

Regulation (EU) No 1177/2010


requirements, particularly in

relation to the provision of

information as set out in this

Directive, are already covered

by existing Union law in the

area of transport. This

includes elements of



and of the Council,13


1300/201414 and Commission

Regulation (EU) 454/201115 as

regards rail transport;

Regulation (EU) 181/2011 of

the European Parliament and

of the Council as regards bus

and coach transport;16

Regulation (EU) 1177/2010 of


of the Council as regards sea

particularly in relation to the

provision of information as set out

in this Directive, are already

covered by existing Union law in

the area of transport. This

includes elements of Regulation

(EC) No 1371/2007 of the


Council,13 Regulation (EU)


Parliament and of the Council as

regards bus and coach

transport;16 Regulation (EU)


Parliament and of the Council as

regards sea and inland waterway

transport17 and Regulation (EC)

1107/2006 as well as Regulation

(EC) 261/200420 concerning the

rights of disabled persons and

persons with reduced mobility

14 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315,

3.12.2007, p. 14). 15 Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's

rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110). 16 Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications

for passenger services’ of the trans-European rail system (OJ L 123, 12.5.2011, p. 11). 17 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach

transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 20 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance

to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004,

p. 1).



and of the Council18 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 24]

and inland waterway

transport17 and Regulation

(EC) 1107/2006 as well as

Regulation (EC) 261/200419

concerning the rights of

disabled persons and persons

with reduced mobility when

travelling by air. To ensure

regulatory consistency, the


out in these Regulations,

should continue to apply as

before. However, additional


this Directive in its scope of

application would supplement

the existing requirements,

improving the functioning of

the internal market in the

area of transport and

benefiting persons with

disabilities.

when travelling by air. This

includes also Commission

Regulation (EU) 1300/201414 and


454/201115 as regards rail

transport adopted on the basis of

Directive 2008/57/EC. To ensure

regulatory consistency, the

accessibility requirements set out

in these Regulations, should

continue to apply as before.

However, additional requirements

provided for in this Directive in its

scope of application would

supplement the existing

requirements, improving the


in the area of transport and

benefiting persons with

disabilities.

60 (20o)(new) Certain elements

of transport services should

not be covered by this

Directive when provided

(20o)(new) Certain elements of

transport services should not be

covered by this Directive when

provided outside the territory of

18 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by

sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 19 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance


p. 1).



outside the territory of the

Member States even where

the service has been directed

towards the Union market.

With regard to those elements

a passenger transport service

operator should only be

obliged to ensure that the

requirements of this Directive

are met with regard to the

part of the service offered

within the territory of the

Union. However, in the case of

air transport, EU air carriers

are obliged to ensure that the

applicable requirements of

this Directive are also satisfied

on flights departing from an

airport situated in a third

country and flying to an

airport situated within the

territory of a Member States.

Furthermore, all air carriers,

including those which are not

licenced in the Union, are

obliged to ensure that the


this Directive are satisfied in

cases where the flights depart

from a Union territory to a

third country territory.

the Member States even where the

service has been directed towards

the Union market. With regard to

those elements a passenger

transport service operator should

only be obliged to ensure that the

requirements of this Directive are

met with regard to the part of the

service offered within the territory

of the Union. However, in the

case of air transport, EU air

carriers are obliged to ensure that

the applicable requirements of

this Directive are also satisfied on

flights departing from an airport

situated in a third country and

flying to an airport situated within

the territory of a Member States.

Furthermore, all air carriers,

including those which are not

licenced in the Union, are obliged

to ensure that the applicable


satisfied in cases where the flights

depart from a Union territory to a

third country territory.

61 (53a) The accessibility

requirements under this

(20p)(new) The accessibility


(53a) The accessibility

requirements under this Directive



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

56]

Directive should apply to

products placed on the Union

market after the date on

which Member States has to

apply the national law

implementing this Directive,

including used and second-

hand products imported from

a third country and placed on

the Union market after that

date.

should apply to products placed

on the Union market and services

delivered after the date of



Directive, including used and

second-hand products imported

from a third country and placed

on the Union market after that

date.

62

(21) The Commission’s proposal

for a Directive of the European

Parliament and of the Council21

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.

(21) The Commission’s

proposal for a Directive (EU)



includes accessibility

requirements for a specific set

of public sector bodies’

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

(21) […] Directive (EU)



[…]20defines accessibility

requirements for a specific set

of public sector bodies' websites

[…], mobile applications and

other related aspects, in

particular requirements

relating to the compliance of

the relevant websites […] and

mobile applications. However,

some activities that […] take

place via public sector […]

websites […] and mobile

applications, such as for

example passenger transport

(21) Directive (EU) 2016/2102 of

the European Parliament and of the

Council 20defines accessibility

requirements for public sector

bodies' websites, mobile

applications and other related

aspects, in particular

requirements relating to the

compliance of the relevant

websites and mobile applications.

However, that Directive contains

a specific list of exceptions.

Similar exceptions are relevant

for this Directive. Some activities

that take place via public sector

websites and mobile applications,

such as for example passenger

21 Proposal for a Directive of the European Parliament and of the Council on the accessibility of public sector bodies' websites COM(2012) 721. 22 Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of

public sector bodies (OJ L 327, 2.12.2016, p. 1).



With the purpose of, notably,

ensuring that relevant authorities

implement the same accessibility

requirements independently of

the type of regulated website, the


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


disabilities and older persons,

irrespective of their public or

private sale.

burden. In addition, it proposes

to establish establishes the basis

for a monitoring and reporting

methodology of the compliance

of the relevant websites and

mobile applications with the

requirements listed 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


independently of the type of

regulated website and mobile

applications, the accessibility


Directive should be aligned to

those of the proposed Directive

on the accessibility of public

sector bodies’ websites

Directive (EU) 2016/2102.

Activities of ecommerce of

websites and mobile

applications of public sector

bodies not covered by that

Directive, fall under within the

scope of this proposal Directive,

services or e-commerce or

websites of audiovisual media

services, which fall within the

scope of this Directive, should

comply with the applicable


out in this directive in order to

ensure that the online sale of

products and services is


disabilities […] irrespective of

their public or private sale.

transport services or e-commerce,

which fall within the scope of this

Directive, should in addition



in this Directive in order to ensure

that the online sale of products

and services is accessible for

persons with disabilities

irrespective whether the seller is a

public or private economic

operator. The accessibility


Directive should be aligned to the

requirements of Directive (EU)

2016/2102, despite differences for

example in monitoring, reporting

and enforcement.



in order to ensure that the online

sale of products and services is


disabilities and older persons,

irrespective of their public or

private sale. [Amendment 23]

63 (21a)(new) The four principles

of web accessibility are:

perceivability, meaning that

information and user

interface components must be

presentable to users in ways

they can perceive; operability,

meaning that user interface

components and navigation

must be operable;

understandability, meaning

that information and the

operation of the user interface

must be understandable; and

robustness, meaning that

content must be robust

enough to be interpreted

reliably by a wide variety of

user agents, including assistive

technologies. These principles

are also used in Directive (EU)

2016/2102.

(21a)(new) The four principles of

web accessibility are:

perceivability, meaning that

information and user interface

components must be presentable

to users in ways they can perceive;

operability, meaning that user

interface components and

navigation must be operable;

understandability, meaning that

information and the operation of

the user interface must be

understandable; and robustness,

meaning that content must be

robust enough to be interpreted

reliably by a wide variety of user

agents, including assistive

technologies. These principles are

also used in Directive (EU)

2016/2102.

64 (22) Member States shall take all


that, where the products and

services covered by this Directive

(22) Member States shall take

all appropriate measures to

ensure that, where the products

and services covered by this

(22) Member States should take

all appropriate measures to

ensure that, where the products


(22) Member States should take all


that, where the products and

services covered by this Directive



comply with the relevant

accessibility requirements, their

free movement within the Union

is not impeded due to reasons of

accessibility.

Directive comply with the

relevant accessibility

requirements, their free

movement within the Union is

not impeded due to reasons of

accessibility.

Directive comply with


requirements, their free

movement within the Union is


accessibility.

comply with applicable

accessibility requirements, their

free movement within the Union is


accessibility.

65 (22b) This Directive is intended

to complement existing

sectorial Union legislation by

covering aspects not yet

covered by that legislation.

[Amendment 25]

Covered by row 59

65a Recital (new): “The measures

related to the accessibility of the

answering of emergency

communications should be

adopted without prejudice to, and

should have no impact on, the

organisation of emergency

services themselves, which

remains in the exclusive

competence of Member States.”

Recital (new): “It is recalled that,

in accordance with the European

Electronic Communications Code

(EECC), Member States should

ensure that access for end-users

with disabilities to emergency

services is available through

emergency communications and

equivalent to that enjoyed by other

end-users in accordance with



Union law harmonising


products and services. The

Commission and the national

regulatory and/or other competent

authorities should take


that end-users with disabilities

can access emergency services on

an equivalent basis with others,

whilst travelling in another

Member States, where feasible,

without any pre-registration.

These measures should seek to

ensure interoperability across

Member States and should be

based to the greatest extent

possible on European standards

or specifications published in

accordance with the provisions of

Article 39 (EECC), and they

should not prevent Member States

from adopting additional

requirements in order to pursue

the objectives set out in the

EECC.

As an alternative to fulfilling the

accessibility requirements with

regard to the answering of

emergency communication

services for users with disabilities

set out by this Directive, Member

States should be able to determine



a third party relay service provider

to be used by persons with

disabilities to communicate with

the public safety answering point,

until those public safety

answering points are capable to

use electronic communication

services through internet

protocols for ensuring

accessibility of answering the

emergency communications.

In any case obligations set in this

Directive should not be

understood to restrict or lower the

equivalent access and accessibility

obligations for disabled end users

as set in the Electronic

Communications Code.

See row 224

66 (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

(23) In some situations,


requirements of the built

environment would facilitate the

free movement is a

precondition for the proper

enjoyment of the related

services and of by persons with


Directive enables should oblige

Member States to include the

deleted (23) In some situations, common


built environment would facilitate

the free movement of the related

services and of persons with


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.

built environment used in the

provision of the services under

the scope of this Directive,

ensuring compliance with the


out in Annex X. [Amdt 223 and

228]

with the accessibility requirements

set in Annex Ib.

67 However, accessibility

requirements should only be

applicable when constructing

new infrastructure or when

undertaking substantial

renovations. [Amdt 223 and

228]

Not taken over

68 (23a) It is not necessary for this

Directive to amend existing

Union law that provides for

voluntary compliance with


[Amendment 28]

Not taken over

69 (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


Directive. That is the case of



(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 Those acts include Directive


Parliament and of the Council21,

deleted (24) The EU Directive

2014/24/EU and Directive

2014/25/EU on public

procurement, defining procedures

for the procurement of public

contracts and design contests for

certain supplies (products),

services and works establish that,

for all procurement which is

intended for use by natural

persons, whether general public

or staff of the contracting



Council,23 Directive 2014/24/EU


of the Council,24 and Directive


Parliament and of the Council,25

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.



Council22, and Directive



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 29]

authority or entity, the technical

specifications shall, except in duly

justified cases, be drawn up so as

to take into account accessibility

criteria for persons with

disabilities or design for all users.

Furthermore, they require that,

where mandatory accessibility

requirements are adopted by a

legal act of the Union, technical

specifications shall, as far as

accessibility for persons with

disabilities or design for all are

concerned, be established by

reference thereto. This Directive

establishes mandatory


products and services covered by

it. For products and services not

falling under the scope of this

Directive, the accessibility


not binding. However, the use of

these requirements to fulfil the

relevant obligations set out in

Union acts other than this

Directive would facilitate the

23 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 24 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L

94, 28.3.2014, p. 65°. 25 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport

and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).



implementation of accessibility

and contribute to the legal

certainty and to the

approximation of accessibility

requirements across the Union.

Authorities should not be

prevented from establishing

accessibility requirements going

beyond the accessibility

requirements laid down in

Annex I.

(24a) This Directive should not

change the compulsory or

voluntary nature of the provisions

related to accessibility in other

Union acts.

(24b)(new) This Directive should

only apply to procurement

procedures for which the call for

competition has been sent or, in

case where a call for competition

is not foreseen, where the

contracting authority or

contracting entity has commenced

the procurement procedure after

the date of application of this

Directive.

70 (24a) The obligation to ensure

accessibility of the transport

infrastructure on the Trans-

Not covered



European Transport Network

is established in Regulation

(EU) No 1315/2013 of the


the Council26. The accessibility


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

30]

71 (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

To be covered in row 69

26 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-

European transport network (OJ L 348, 20.12.2013, p.1).



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 31]

72 (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

[recital 25 moved to after

recital 20]

(25) Accessibility is the

systematic removal and

prevention of barriers, to

ensure to persons with

disabilities access on equal

basis with others. This should

be achieved preferably through

a universal design or "design for

all" approach, which 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

(25) Accessibility should be

achieved by the systematic

removal and prevention of barriers,

preferably through a universal

design or "design for all" approach,

contributing to ensure to persons

with disabilities access on equal

basis with others. 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



needed". Accessibility should

not exclude the provision of

reasonable accommodation

when requested by national or

Union law. [Amendment 32]

design should not exclude


groups of persons with

disabilities where this is

needed. Furthermore,

accessibility should not exclude

the provision of reasonable

accommodation when required

by national or Union law.

this is needed". Furthermore,

accessibility should not exclude the

provision of reasonable

accommodation when required by

national or Union law.

Accessibility and universal design

should be interpreted in line with

General Comment No. 2(2014) on

Article 9 of the Convention as

written by the Committee on the

Rights of Persons with

Disabilities.

73 (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/EEC27. [Amdt

33]

(25a) Products and services


Directive do not automatically fall


Directive 93/42/EEC. However,

some assistive technologies which

are medical devices, may fall


Directive 93/42/EEC.

74 (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

To be taken up in row 72

27 Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12.7.1993, p. 1).



Disabilities General Comment

No. 2(2014) on Article 9 of the

Convention. [Amendment 34]

75 (26) Most jobs in the Union are

provided by SMEs and micro-

enterprises. They have a crucial

importance for future growth, but

very often face hurdles and

obstacles in developing their

products or services, notably in

the cross-border context. It is

therefore necessary to facilitate

the work of the SMEs and micro-

enterprises by harmonising the


accessibility while maintaining

the necessary safeguards.

(26) Most jobs in the Union are



importance for future growth,

but very often face hurdles and


products or services, notably in

the cross-border context. It is

therefore necessary to facilitate

the work of the SMEs and

micro-enterprises by

harmonising the national

provisions on accessibility

while maintaining the necessary

safeguards.

[recital 26 moved to after

recital 4]


provided by SMEs and

microenterprises. They have a

crucial importance for future

growth, but very often face

hurdles and obstacles in

developing their products or

services, notably in the cross-

border context. It is therefore

necessary to facilitate the work

of the SMEs and

microenterprises by


provisions on accessibility

while maintaining the necessary

safeguards.




importance for future growth, but

very often face hurdles and


products or services, notably in the

cross-border context. It is therefore

necessary to facilitate the work of

the SMEs and micro-enterprises by


provisions on accessibility while

maintaining the necessary

safeguards.

“(26a) new. In order for micro-

enterprises and SMEs to benefit

from the provisions of this

Directive they have to genuinely

fulfil the requirements, as

understood in Commission

Recommendation 2003/361/EC

and relevant case law, aimed at

preventing the circumvention of

these rules.”

76 (27) This Directive should be

based on Decision No

768/2008/EC of the European

(27) This Directive should be




as it concerns products already









Parliament and of the Council26 as

it concerns products already





subject to other Union acts, this

way ensuring the consistency of

Union legislation.

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. [Amdt 35]

subject to other Union acts, in

order to ensure the consistency

of Union legislation, while

recognizing the specific

features of the accessibility

requirements contained in this

Directive.

subject to other Union acts, in

order to ensure the consistency of

Union legislation, while

recognising the specific features

of the accessibility requirements

contained in this Directive.

77 (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


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


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


this Directive. It is necessary to

provide for a clear and





[Amdt 36]


intervening in the supply and

distribution chain should ensure

that they make available on the

market only products which are

in conformity with […] this

Directive. The same should

apply to economic operators

providing services. It is

necessary to provide for a clear

and proportionate distribution of






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 this Directive. The same

should apply to economic

operators providing services. It is

necessary to provide for a clear and





78 (29) Economic operators should

be responsible for the compliance

of products and services, in

(29) Economic operators should

be responsible for the

compliance of products and

(29) Economic operators should

be responsible for the

compliance of products and

(29) Economic operators should be

responsible for the compliance of

products and services, in

28 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (OJ L 218,

13/08/2008, p. 82).



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.

services, in relation to their

respective roles in the supply

chain, so as to ensure a high

level of protection of achieve

improved accessibility and to

guarantee fair competition on

the Union market. [Amendment

37]

services, in accordance with

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.

accordance with 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.

79 (29a)(new) The obligations set

out in this Directive, should

apply equally to economic

operators in the public and

private sectors.

(29a)(new) The obligations set out

in this Directive should apply

equally to economic operators

from the public and private

sectors.

80

(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.


detailed knowledge of the

design and production process is

best placed to carry out the

complete conformity

assessment. The obligations for

conformity 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 38]

(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.


detailed knowledge of the design

and production process is best

placed to carry out the complete

conformity assessment. While the

responsibility for the conformity

of products rests with the

manufacturer, market surveillance

authorities should play a crucial

role in checking whether products

made available in the EU are

manufactured according to Union

law.

81 (31) Distributors and importers

should be involved in market

surveillance tasks carried out by

national authorities, and should

(31) Distributors and importers














participate actively, providing the

competent authorities with all

necessary information relating to

the product concerned.

participate actively, providing

the competent authorities with

all necessary information

relating to the product

concerned.

participate actively, providing

the competent authorities with

all necessary information

relating to the product

concerned.

participate actively, providing the

competent authorities with all

necessary information relating to

the product concerned.

82 (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


this Directive and in particular

that, providing all the necessary

information to the relevant

market surveillance authority

to enable appropriate

conformity assessment

procedures have been to be

carried out by manufacturers

with regard to those products.

[Amendment 39]

(32) Importers should ensure

that products from third

countries entering the Union

market comply with […] 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 this Directive and in

particular that appropriate

conformity assessment procedures

have been carried out by

manufacturers with regard to those

products.

83 (33) When placing a product on

the market, every importer should

indicate, on the product, its name

and the address at which the

company can be contacted.

(33) When placing a product on

the market, every importer

should indicate, on the product,

its name and the address at

which the company can be

contacted.

(33) When placing a product on

the market, every importer

should indicate, on the product,

its name and the address at

which the company can be

contacted.

(33) When placing a product on the

market, every importer should

indicate, on the product, its name

and the address at which the

company can be contacted.

84 (34) Distributors should ensure

that their handling of the product

does not adversely affect the

compliance of the product with

(34) Distributors should ensure

that their handling of the

product does not adversely

affect the compliance of the

(34) Distributors should ensure

that their handling of the

product does not adversely

affect the compliance of the

(34) Distributors should ensure that

their handling of the product does

not adversely affect the compliance

of the product with the



the accessibility requirements of

this Directive.

product with the accessibility





Directive.

85 (35) Any economic operator that

either places a product on the

market under his own name or

trademark or modifies a product

in such a way that compliance

with applicable requirements may

be affected should be considered

to be the manufacturer and should

assume the obligations of the

manufacturer.

(35) Any economic operator

that either places a product on

the market under his own name

or trademark or modifies a

product in such a way that

compliance with applicable

requirements may be affected

should be considered to be the

manufacturer and should


manufacturer.

(35) Any economic operator

that either places a product on

the market under his own name

or trademark or modifies a

product in such a way that

compliance with applicable

accessibility requirements may

be affected should be

considered to be the

manufacturer and should


manufacturer.

(35) Any economic operator that

either places a product on the

market under his own name or

trademark or modifies a product in

such a way that compliance with

applicable requirements may be

affected should be considered to be

the manufacturer and should


manufacturer.

86 (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




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 40]

(36) For reasons of






operator concerned, or require a

change in the products and

services which would result in

their fundamental alteration in

accordance with the […] criteria

specified in this Directive.

(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 line with the criteria

specified in accordance with this

Directive. Control mechanisms

nevertheless should be in place in

order to verify entitlement to

exceptions to the applicability of




87 (37) This Directive should follow

the principle of 'think small first'

and should take account of the

administrative burdens that SMEs

are faced with. It should set light

rules in terms of conformity

assessment and should establish

safeguard clauses for economic

operators, rather than providing

for general exceptions and

derogations for those enterprises.

Consequently, when setting up

the rules for the selection and

implementation of the most

appropriate conformity

assessment procedures, the

situation of SMEs should be

taken into account and the

obligations to assess conformity

of accessibility requirements

should be limited to the extent

that they do not pose a

disproportionate burden on

SMEs. In addition, market

surveillance authorities should

operate in a proportionate manner

in relation to the size of

undertakings and to the small

serial or non-serial nature of the

production concerned, without

creating unnecessary obstacles

for SMEs and without

(37) This Directive should

follow the principle of 'think

small first' and should take

account of the administrative

burdens that SMEs are faced

with. It should set light rules in

terms of conformity assessment

and should establish safeguard

clauses for economic operators,

rather than providing for general

exceptions and derogations for

those enterprises. Consequently,

when setting up the rules for the

selection and implementation of

the most appropriate conformity











operate in a proportionate

manner in relation to the size of






(37) This Directive should

follow the principle of 'think

small first' and should take

account of the administrative

burdens that SMEs are faced

with. It should set light rules in

terms of conformity assessment

and should establish safeguard

clauses for economic operators,

rather than providing for general

exceptions and derogations for

those enterprises. Consequently,

when setting up the rules for the

selection and implementation of

the most appropriate conformity











operate in a proportionate

manner in relation to the size of






(37) This Directive should follow

the principle of 'think small first'

and should take account of the

administrative burdens that SMEs

are faced with. It should set light

rules in terms of conformity

assessment and should establish

safeguard clauses for economic

operators, rather than providing for

general exceptions and derogations

for those enterprises.

Consequently, when setting up the

rules for the selection and

implementation of the most

appropriate conformity assessment

procedures, the situation of SMEs

should be taken into account and

the obligations to assess

conformity of accessibility

requirements should be limited to

the extent that they do not pose a

disproportionate burden on SMEs.

In addition, market surveillance

authorities should operate in a

proportionate manner in relation to

the size of undertakings and to the

small serial or non-serial nature of

the production concerned, without

creating unnecessary obstacles for

SMEs and without compromising

the protection of public interest.



compromising the protection of

public interests.


public interests.


the public interest.

88 (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


imposes a disproportionate

burden, only legitimate reasons

(37a)(new) In exceptional

cases, where the accessibility


Directive would constitute a


economic operators, they

should not be required to

comply with them. In such

duly justified cases, it would

not be reasonably possible for

an economic operator to apply

one or more of the


identified in Annex 1 of this

Directive. However, the

economic operator should

make a service or a product

under the scope of this

Directive accessible with

respect to those accessibility

requirements which were not

considered by the economic

operator to impose a

disproportionate burden.

Exceptions to compliance with

one or more accessibility

requirements due to the

disproportionate burden that

they impose should not go

beyond what is strictly

necessary in order to limit

(37a) (new) In exceptional cases,

where the accessibility


Directive would constitute a


economic operators, they should

not be required to comply with the

requirements to the extent that

they impose a disproportionate

burden. In such duly justified

cases, it would not be reasonably

possible for an economic operator

to fully apply one or more of the


identified in Annex I of this

Directive. However, the economic

operator should make a service or

a product under the scope of this

Directive as accessible as possible

by applying those requirements to

the extent that they do not impose

a disproportionate burden. Those

accessibility requirements which

were not considered by the

economic operator to impose a

disproportionate burden should

fully apply. Exceptions to

compliance with one or more

accessibility requirements due to

the disproportionate burden that

they impose should not go beyond



should be taken into

consideration. Lack of priority,

time or knowledge should not

be considered to be legitimate

reasons. [Amendment 41]

that burden with respect to

the particular product or

service concerned in each

individual case. Measures that

would impose a

disproportionate burden

should be understood as

measures that would impose

an additional excessive

organizational or financial


operator, while taking into

account the likely resulting

benefit for persons with

disabilities. Benchmarks

based on these considerations

should be defined in order to

enable both economic

operators and market

surveillance authorities to

compare different situations

and to assess the possible

presence of a disproportionate

burden in a systematic way.

Only legitimate elements

should be taken into account

in any assessment of the

extent to which the


cannot be met because they

would impose a


Lack of priority, time or

what is strictly necessary in order

to limit that burden with respect to

the particular product or service

concerned in each individual

case. Measures that would impose

a disproportionate burden should

be understood as measures that

would impose an additional

excessive organisational or

financial burden on the economic

operator, while taking into

account the likely resulting

benefit for persons with

disabilities in line with the criteria

set in this Directive. Criteria based

on these considerations should be

defined in order to enable both

economic operators and relevant

authorities to compare different

situations and to assess the

possible presence of a

disproportionate burden in a

systematic way. Only legitimate

elements should be taken into

account in any assessment of the

extent to which the accessibility

requirements cannot be met

because they would impose a

disproportionate burden. Lack of

priority, time or knowledge should

not be considered as legitimate

reasons.



knowledge should not be

considered as legitimate

reasons.

Cf. Council drafting of Art.12 and

the criteria listed in Annex IV

89 (37b)(new) The overall

assessment of a


should be done using the

benchmarks identified in

Annex IV. The assessment of


should be documented by the

economic operator taking into

account the relevant

benchmarks. Service

providers should re-evaluate

the assessment of a

disproportionate burden after

every five years. Only upon a

request from the competent

national authority should the

economic operators provide

the assessment explaining why

their product or service is not

fully accessible and providing

evidence of the


(37b)(new) The overall

assessment of a disproportionate

burden should be done using the

criteria identified in Annex IV.

The assessment of

disproportionate burden should be

documented by the economic

operator taking into account the

relevant criteria. Service providers

should re-evaluate the assessment

of a disproportionate burden at

least every five years.

(37bb) (new) The economic

operator should inform the

relevant authorities that it has

relied on the provisions related to

fundamental alteration and/ or

dispoportionate burden. Only

upon a request from the relevant

authorities should the economic

operator provide the assessment

explaining why its product or

service is not fully accessible and

providing evidence of the

disproportionate burden and/or

fundamental alteration.

90 (37c)(new) If on the basis of

the required assessment it is

(37) (new) If on the basis of the

required assessment, a service



concluded that it would

constitute a disproportionate


operator to require that all

self-service terminals that are

available for the provision of

the same service comply with


enshrined in this Directive it is

appropriate to also asses how

many such machines are

sufficient to secure the

accessibility of the services

provided by the service

provider in question. In its

assessment the service

provider should take into

account inter alia the


with disabilities.

provider concludes that it would


burden to require that all self-

service terminals, used in the

provision of these services, comply


enshrined in this Directive, they

still should apply those

requirements to the extent that

they do not impose such a

disproportionate burden on them.

Consequently, they should assess

the extent to which a limited level

of accessibility in all self-service

terminals or a limited number of

accessible self-service terminals

would allow not to impose a

disproportionate burden in order

to comply to that extent with the

accessibility requirements with

this Directive.

91 (37d)(new) Microenterprises

are distinguished from all

other undertakings by their

limited human resources and

annual turnover and/or

annual balance sheet. The

burden of complying with the


microenterprises will

therefore, in general, take a

greater share of their financial

and human resources than for

(37d)(new) Microenterprises are

distinguished from all other

undertakings by their limited

human resources and annual

turnover and/or annual balance

sheet. The burden of complying


for microenterprises will

therefore, in general, take a

greater share of their financial

and human resources than for

other undertakings and is more



other undertakings and is

more likely to represent a

disproportionate share of the

costs. A significant proportion

of cost for microenterprises

comes from completing or

keeping paperwork and

records to demonstrate

compliance with the different

requirements set down in

Union legislation. While all

economic operators covered

by this directive should be

able to assess the

proportionality of complying

with the requirements set out

in this Directive and only

comply with them to the

extent they are not

disproportionate, demanding

such an assessment from

microenterprises providing

services would therefore in

itself constitute a


compared with the likely

benefits to persons with

disabilities. Requirements and

obligations in this Directive

should therefore not apply to


services within the scope of

this Directive.

likely to represent a

disproportionate share of the

costs. A significant proportion of

cost for microenterprises comes

from completing or keeping

paperwork and records to

demonstrate compliance with the

different requirements set down in

Union legislation. While all

economic operators covered by

this Directive should be able to

assess the proportionality of

complying with the requirements

set out in this Directive and only

comply with them to the extent

they are not disproportionate,

demanding such an assessment

from microenterprises providing

services would therefore in itself


burden. Requirements and

obligations in this Directive

should therefore not apply to


services within the scope of this

Directive.



92 (37e)(new) The same

exemption to microenterprises

should not apply to the

products covered by this

Directive. With regard to

products the obligations of

this Directive fall on several

economic operators along the

manufacturing and

distribution chain. Generally

excluding all microenterprises

without an overall assessment,

taking into account their role

in the particular chain, would

lead to inconsistencies and

distortions of the internal

market resulting in difficulties

for effective enforcement by

market surveillance

authorities. Persons with

disabilities would have

difficulties to know whether

any of the economic operators

involved in a particular

product chain is a

microenterprise and

consequently whether or not


applies or not. Persons with

disabilities would, on the

other hand, be able to identify

which services are delivered

by microenterprises and be

(37e)(new) For microenterprises

manufacturing, importing and

distributing products within the

scope of this Directive there

should be lighter requirements

and obligations in this Directive

in order to avoid administrative

burden.

(37f)(new) While some

microenterprises are exempted

from the obligations of this

Directive, all microenterprises

should be encouraged to

manufacture, import and

distribute products and provide

services that comply with the


Directive, in order to increase the

competitiveness as well as the

growth potential of these

enterprises in the internal market.

Therefore, Member States should

provide guidelines and tools to

microenterprises to facilitate the



Directive.



able to choose those services

which are accessible to them.

93 (38) All economic operators

should act responsibly and in full

accordance with the legal

requirements applicable when

placing or making products

available on the market or

providing services on the market.


should act responsibly and in

full accordance with the legal




providing services on the

market.


should act responsibly and in

full accordance with the legal




providing services on the

market.

(38) All economic operators should

act responsibly and in full

accordance with the legal




providing services on the market.

94 (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



of the Council29 for the purpose

of expressing detailed technical

specifications of those

requirements. The Commission

has already issued a number of

standardisation requests to the

(39) In order to facilitate

conformity assessment with


requirements it is necessary to

provide for a presumption of

conformity for products and

services which are in

conformity with voluntary






of expressing detailed technical

specifications of those



(39) In order to facilitate the

assessment of conformity with

the applicable accessibility




services which are in

conformity with voluntary






of drawing up detailed

technical specifications of those



(39) In order to facilitate the

assessment of conformity with the





services which are in conformity

with voluntary harmonised

standards that are adopted in

accordance with Regulation (EU)


Parliament and of the Council27 for

the purpose of drawing up detailed

technical specifications of those

requirements. The Commission has

already issued a number of


29 Regulation (EU) No 1025/2012 of 25 October 2012 of the European Parliament and of the Council on European standardisation, amending Council Directives

89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of

the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the

Council (OJ L 316, 14.11.2012, p. 12)



European standardisation

organisations on accessibility

which would be relevant for the

preparation of harmonised

standards.






standards. [Amendment 42]






standards.


organisations on accessibility, such

as standardisation mandates 376,

473 and 420, which would be

relevant for the preparation of

harmonised standards.

95 (39a) Regulation (EU) No

1025/2012 provides for a

procedure for formal

objections to harmonised

standards that are considered

not to comply with the


[Amendment 43]

(39a)(new) Regulation (EU)

No 1025/2012 provides for a

procedure for formal

objections to harmonised

standards that are considered

not to comply with the


(39a) Regulation (EU) No

1025/2012 provides for a

procedure for formal objections to


considered not to comply with the


96 (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) In the absence of

harmonised standards and

where needed for market

harmonisation purposes, the

Commission should be able



specifications for the

accessibility requirements set in

this Directive. 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,

(40) In the absence of


where needed for market


Commission should be able to



specifications for the


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. In the

absence of harmonised standards

and where needed for market



adopt in certain cases

implementing acts establishing

technical specifications for the


this Directive. Recourse to



and be based on consensus.

Recourse to technical

specifications should therefore

only be a last resort. The


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


covered through the European

standardisation system. The

technical specifications should

therefore be limited to these

cases.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 or there is

undue delays in the establishment

of a standard, for example

because the required quality is not

reached. 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 specificationif it has not

previously tried to have the

accessibility requirements covered

through the European

standardisation system, except if

the Commisison can demonstrate

that the technical specifications

respect the requirements laid

down in Annex II of Regulation

(EU) No 1025/2012.



Commission should not use the

procedure for adoption of

technical specifications to

circumvent the European

standardisation system. [Amdt

44]

97 (40a) With a view to

establishing harmonised

standards and technical

specifications that meet the


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 45]

(40a) With a view to establishing


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 process.

98 (41) To ensure effective access to

information for market

surveillance purposes, the

information required to declare

compliance with all applicable

Union acts should be available in

a single EU declaration of

conformity. In order to reduce the

administrative burden on


be able to include in the single

(41) To ensure effective access

to information for market




Union acts should be available

in a single EU declaration of

conformity. In order to reduce

the administrative burden on



(41) To ensure effective access

to information for market




Union acts should be made

available in a single EU

declaration of conformity. In

order to reduce the

administrative burden on


(41) To ensure effective access to

information for market




Union acts should be made

available in a single EU

declaration of conformity. In order

to reduce the administrative burden

on economic operators, they

should be able to include in the



EU declaration of conformity

relevant individual declarations

of conformity.


relevant individual declarations

of conformity.



all relevant individual

declarations of conformity.

single EU declaration of

conformity all relevant individual

declarations of conformity.

99 (42) For conformity assessment

of products, this Directive should

use the Internal Production

Control of "Module A", described

in Annex II to Decision No

768/2008/EC, as it enables


demonstrate, and the competent

authorities to ensure, that

products made available in the

market conform to the

accessibility requirements while

not imposing a disproportionate

burden.

(42) For conformity assessment

of products, this Directive

should use the Internal

Production Control of "Module

A", described in Annex II to

Decision No 768/2008/EC, as it

enables economic operators to







burden.

(42) For conformity assessment

of products, this Directive

should use the Internal

Production Control of "Module

A", described in Annex II to

Decision No 768/2008/EC, as it








burden.

(42) For conformity assessment of

products, this Directive should use

the Internal Production Control of

"Module A", described in Annex II

to Decision No 768/2008/EC, as it



authorities to ensure, that products

made available in the market

conform to the accessibility

requirements while not imposing a


100 (42a) When carrying out

market surveillance of

products, market surveillance

authorities should review the

assessment in cooperation with


the organisations that

represent them and their

interests. [Amendment 46]

(42a) When carrying out market

surveillance of products and

checking compliance of services,

authorities should also check that

the conformity assessments,

including when relevant the

assessment of Article 12 and

Annex IV has been properly done.

When carrying out their duties

they should also do so in

cooperation with persons with

disabilities and the organisations

that represent them and their

interests.



101 (43) For services, the information

necessary to assess the

conformity with the accessibility

requirements should be provided

in the general terms and

conditions, or equivalent

document.

(43) For services, the

information necessary to assess

the conformity with the


should be provided in the

general terms and conditions, or

equivalent document.

(43) For services, the

information necessary to assess

[…] conformity with the


should be provided in the


equivalent document without

prejudice to Directive EU

2011/83.

(43) For services, the information

necessary to assess conformity


should be provided in the general

terms and conditions, or equivalent

document without prejudice to

Directive EU 2011/83.

102 (44) The CE marking, indicating

the conformity of a product with


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)



setting out the requirements for

accreditation and market

surveillance relating to the

marketing of products.

(44) The CE marking,

indicating the conformity of a


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






marketing of products. In

addition to the declaration of

conformity, the manufacturer

should inform consumers in a

(44) The CE marking,

indicating the conformity of a


requirements of this Directive,

is the visible consequence of a

whole process comprising

conformity assessment in a

broad sense. This Directive









marketing of products.

(44) The CE marking, indicating

the conformity of a product with


this Directive, is the visible

consequence of a whole process

comprising conformity assessment

in a broad sense. This Directive









marketing of products. In addition

to the declaration of conformity,

the manufacturer should inform

consumers in a cost-effective

30 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market

surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13/08/2008, p. 30).



cost-effective manner about the

accessibility of their products

by including a notice on the

packaging.[Amdt 47]

manner about the accessibility of

their products.

103 (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


that he takes full responsibility

therefor.

(45) In accordance with The

non-compliance of a product



3 should not per se constitute a

serious risk within the meaning

of Article 20 of Regulation (EC)

No 765/2008 by affixing the CE

marking to a product, the

manufacturer declares that the

product is in conformity with all


requirements and that he takes

full responsibility therefor.

[Amdt 48]

(45) In accordance with


by affixing the CE marking to a

product, the manufacturer

declares that the product is in

conformity with all applicable


that he takes full responsibility

therefor.

(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


requirements and that he takes full

responsibility therefor.

104 (46) In accordance with Decision

No 768/2008/EC, Member States

are responsible for ensuring

strong and efficient market

surveillance of products in their

territories and should allocate

sufficient powers and resources

to their market surveillance

authorities.


Decision No 768/2008/EC,

Member States are responsible

for ensuring strong and efficient

market surveillance of products

in their territories and should

allocate sufficient powers and

resources to their market

surveillance authorities.


Decision No 768/2008/EC,

Member States are responsible

for ensuring strong and efficient

market surveillance of products

in their territories and should

allocate sufficient powers and

resources to their market


(46) In accordance with Decision

No 768/2008/EC, Member States

are responsible for ensuring strong

and efficient market surveillance of

products in their territories and

should allocate sufficient powers

and resources to their market


105 (47) Member States should check

the compliance of services with

the obligations of this Directive

and should follow up complaints

(47) Member States should

check the compliance of

services with the obligations of

this Directive and should follow

(47) Member States should

check the compliance of

services with the obligations of

this Directive and should follow

(47) Member States should check

the compliance of services with the

obligations of this Directive and

should follow up complaints or



or reports related to non-

compliance in order to ensure that

corrective action has been taken.

up complaints or reports related

to non-compliance in order to

ensure that corrective action has

been taken.

up complaints or reports related

to non-compliance in order to

ensure that corrective action has

been taken.

reports related to non-compliance

in order to ensure that corrective

action has been taken.

106 (47a)(new) In order to

facilitate the uniform

implementation of Article 18

of this Directive, the

Commission may, where

appropriate, adopt non-

binding guidelines in

consultation with stakeholders

which will support

coordination among

compliance of services

authorities. The Commission

and Member States may set

up initiatives with the purpose

of sharing resources and

expertise of compliance of

services authorities. The

Commission should

coordinate those initiatives.

(47a)(new) In order to facilitate

the uniform implementation of

this Directive, the Commission

should establish a working group

consisting of relevant

stakeholders to facilitate

exchange of information and of

best practices and to receive

advice. Cooperation should be

fostered between authorities and

relevant stakeholders, including


organisations representing them,

inter alia to improve coherence in

the implementation of Articles 3

and 12.

(47b)(new) Where appropriate the

Commission could adopt non-

binding guidelines in consultation

with stakeholders which will

support coordination among

market surveillance authorities

and authorities for compliance of

services. The Commission and

Member States may set up

initiatives with the purpose of

sharing resources and expertise of

authorities.



107 (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


[Amendment 49]


expected to ensure that market

surveillance authorities check

the compliance of the economic

operators with the criteria

referred to in Annex IV in

accordance with Chapter V.

Member States may designate

a specialised body for

carrying out the obligations of

market surveillance

authorities under this

Directive. Member States may

decide that the competences of

such a specialised body should

be limited to the scope of this

Directive or certain parts

thereof and that, without

prejudice to the Member

States' obligations under

Regulation (EC) No 765/2008,

it should perform only the

tasks provided for in


necessary for ensuring the

effective market surveillance

pursuant to that Regulation

and this Directive.

(48) Member States are expected

to ensure that market surveillance

authorities and authorities

responsible for checking

compliance of services check the

compliance of the economic

operators with the criteria referred

to in Annex IV in accordance with

Chapter V. Member States may

designate a specialised body for

carrying out the obligations of

market surveillance authorities or

authorities responsible checking

compliance of services under this

Directive. Member States may

decide that the competences of

such a specialised body should be

limited to the scope of this

Directive or certain parts thereof

and that, without prejudice to the

Member States' obligations under

Regulation (EC) No 765/2008.

108 (48a) National databases

containing all relevant

information on the degree of

accessibility of the products

No need for a recital



and services listed in this

Directive would allow better

inclusion of persons with

disabilities, and their

organisations in the market

surveillance. [Amendment 50]

109 (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.


expected to should ensure that

competent authorities indicated

in Article 22 notify the

Commission of the use of the

exceptions referred to laid down

in Article 22 (1) as well as

include the assessment referred

to in paragraph (2) in

accordance with Chapter VI.

The initial assessment

performed by the competent

authorities concerned should

be submitted to the

Commission upon its request.

When assessing whether


requirements imposes a


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


with disabilities. That cost-

deleted Deleted



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



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 51]

110

(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


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


should be set up to apply 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

(50) A safeguard procedure should

be set up to apply 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





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.

not complying with the



market surveillance authorities,

in cooperation with


persons with disabilities, as

well as with the relevant



products. [Amendment 52]



market surveillance authorities,

in cooperation with the relevant



products.

of this Directive. It should allow

market surveillance authorities, in

cooperation with the relevant



products.

111 (51) Where the Member States

and the Commission agree as to

the justification of a measure

taken by a Member State, no

further involvement of the

Commission should be required,

except where non-compliance can

be attributed to shortcomings of a

harmonised standard.

(51) Where the Member States






except where non-compliance

can be attributed to

shortcomings of a harmonised

standard.

(51) Where the Member States






except where non-compliance

can be attributed to

shortcomings of a harmonised

standard.

(51) Where the Member States and

the Commission agree as to the

justification of a measure taken by

a Member State, no further

involvement of the Commission

should be required, except where

non-compliance can be attributed

to shortcomings of a harmonised

standard.

112 (51a) In order to ensure the

proper application of the

proportionality principle with

regard to the obligations

concerning the identification of


criteria to be used when

assessing whether compliance

with an obligation under this

Directive would impose a

disproportionate burden, the

(51a) In order to ensure the

proper application of this

Directive, the power to adopt acts

in accordance with Article 290

TFEU should be delegated to the

Commission in respect of: further

specifying the accessibility

requirements that by their very

nature, cannot produce their

intended effect unless they are

further specified in binding legal



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-

acts of the Union; changing the

period during which economic

operators are to be able to identify

any other economic operator who

has supplied them with a product

or to whom they have supplied a

product; and further detailing the

relevant criteria that are to be

taken into account by the

economic operator for the

assessment of whether compliance


would impose a disproportionate

burden. 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-Making32. 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

32 OJ L 123, 12.5.2016, p. 1.



Making31. 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

53]

have access to meetings of

Commission expert groups

dealing with the preparation of

delegated acts.

113 (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


application is justified. When

dealing with complaints related

to accessibility, Member States

should comply with the general

principle of good

administration, and in

(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


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

31 OJ L 123, 12.5.2016, p. 1.



particular with the obligation

of officials to ensure that a

decision on each complaint is

taken within a reasonable time-

limit. [Amendment 54]

that a decision on each complaint

is taken within a reasonable time-

limit.

114 (52) In order to ensure uniform

conditions for the implementation

of chapter IV of this Directive,

implementing powers should be

conferred on the Commission.

Those powers should be

exercised in accordance with

Regulation (EU) No 182/2011 of

the European Parliament and of

the Council.33

(52) In order to ensure uniform

conditions for the

implementation of chapter IV of

this Directive, implementing

powers should be conferred on

the Commission. Those powers

should be exercised in

accordance with Regulation

(EU) No 182/2011 of the


Council.30


conditions for the

implementation of […] this

Directive, implementing powers

should be conferred on the

Commission with regard to the

establishment of common

technical specifications. Those

powers should be exercised in


(EU) No 182/2011 of the


Council.30


conditions for the implementation

of this Directive, implementing

powers should be conferred on the

Commission with regard to the

establishment of technical

specifications. Those powers

should be exercised in accordance

with Regulation (EU) No 182/2011

of the European Parliament and of

the Council.30

115 (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

(52a) Given the existing legal

framework concerning remedies

in the areas covered by Directives

2014/24/EU and 2014/25/EU, the

provisions of this Directive

relating to enforcement and

penalties should not be applicable

to the procurement procedures

subject to the obligations imposed

by this Directive. Such exclusion

is without prejudice to the

33 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning

mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).



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 55]

obligations of Member States

under the Treaties to take all

measures necessary to guarantee

the application and effectiveness

of Union law.

(52b) new. Member States should

ensure that, in accordance with

existing Union law, alternative

dispute resolutions mechanisms

are in place that allow the

resolution of any alleged non-

compliance with this Directive

prior to an action being

brought before courts or

competent administrative bodies.

116 (53) In accordance with the Joint

Political Declaration of Member

States and the Commission on

explanatory documents of 28

September 2011, Member States

have undertaken to accompany,

in justified cases, the notification

of their transposition measures

with one or more documents

explaining the relationship

between the components of a

Directive and the corresponding

parts of national transposition

instruments. With regard to this

Directive, the legislator considers

the transmission of such

documents to be justified.

(53) In accordance with the

Joint Political Declaration of

Member States and the

Commission on explanatory

documents of 28 September

2011, Member States have

undertaken to accompany, in

justified cases, the notification

of their transposition measures

with one or more documents

explaining the relationship

between the components of a

Directive and the corresponding

parts of national transposition


Directive, the legislator

(53) In accordance with the

Joint Political Declaration of

Member States and the

Commission on explanatory

documents of 28 September

2011, Member States have

undertaken to ensure, in

justified cases, that the

notification of their

transposition measures is

accompanied with one or more

documents explaining the

relationship between the

components of a Directive and

the corresponding parts of

national transposition


(53) In accordance with the Joint

Political Declaration of Member

States and the Commission on

explanatory documents of 28

September 2011, Member States

have undertaken to ensure, in

justified cases, that the notification

of their transposition measures is

accompanied with one or more

documents explaining the

relationship between the

components of a Directive and the

corresponding parts of national

transposition instruments. With

regard to this Directive, the

legislator considers the



considers the transmission of

such documents to be justified.

Directive, the legislator

considers the transmission of

such documents to be justified.

transmission of such documents to

be justified.

117 (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


requirements, if any, specified

in those public contracts.

[Amendment 57]

Covered in row 69

118 (53c) In order to give service

providers sufficient time to

adapt to the requirements laid

down in this Directive, it is


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

(53c)(new) In order to allow

service providers sufficient

time to adapt to the

requirements laid down by

this Directive, it is necessary

to provide for transitional

period of [5] years after the

date of on which Member

States has to apply the

national law implementing

this Directive, during which

products used for the

provision of a service which

were placed on the Union

market before that date do

not need to comply with the

(53c)(new) In order to allow

service providers sufficient time to

adapt to the requirements laid

down by this Directive, it is


transitional period of 5 years after

the date of application on which

Member States have to apply the

national law implementing this

Directive, during which products

used for the provision of a service

which were placed on the Union

market before that date do not

need to comply with the


pursuant to this Directive unless



machines are used in the

provision of services, they may

continue to be used until the

end of their economically

useful life. [Amendment 58]


pursuant to this Directive

unless they are replaced by

the service providers during

the transitional period. Given

the cost and long life-cycle of

self-service terminals, it is

appropriate to provide that,

when such terminals are used

in the provision of services,

they may continue to be used

until the end of their economic

life, as long as they are not

replaced during that period,

but not for longer than 20

years.

they are replaced by the service

providers during the transitional

period. Given the cost and long

life-cycle of self-service terminals,

it is appropriate to provide that,

when such terminals are used in

the provision of services, they may

continue to be used until the end

of their economic life, as long as

they are not replaced during that

period, but not for longer than 20

years.

119 (54) Since the objective of this

Directive, namely, the

elimination of barriers to the free


products and services to

contribute to the proper


market, cannot be sufficiently

achieved by the Member States

because it requires the

harmonisation of different rules

currently existing in their

respective legal systems, but can

rather, by reason of defining


requirements and rules for the

functioning of the single market,

(54) Since the objective of this


elimination of barriers to the

free movement of certain


to contribute to the proper


market, cannot be sufficiently

achieved by the Member States

because it requires the

harmonisation of different rules


respective legal systems, but

can rather, by reason of defining



functioning of the single



elimination of barriers to the

free movement of certain

accessible products and

services, in order to contribute

to the proper functioning of the

internal market, cannot be

sufficiently achieved by the

Member States because it

requires the harmonisation of

different rules currently existing

in their respective legal systems,

but can rather, by […] defining



functioning of the single


Directive, namely, the elimination

of barriers to the free movement of

certain accessible products and

services, in order to contribute to


internal market, cannot be

sufficiently achieved by the

Member States because it requires

the harmonisation of different rules


respective legal systems, but can

rather, by defining common


rules for the functioning of the

single market, be better achieved at

Union level, the Union may adopt



be better achieved at Union level,

the Union may adopt measures,

in accordance with the principle

of subsidiarity as set out in

Article 5 of the Treaty on

European Union. In accordance

with the principle of

proportionality, as set out in that

Article, this Directive does not go

beyond what is necessary in order

to achieve that objective,

market, be better achieved at

Union level, the Union may

adopt measures, in accordance

with the principle of subsidiarity

as set out in Article 5 of the

Treaty on European Union. In

accordance with the principle of


Article, this Directive does not

go beyond what is necessary in

order to achieve that objective,

market, be better achieved at

Union level, the Union may

adopt measures, in accordance

with the principle of subsidiarity

as set out in Article 5 of the

Treaty on European Union. In

accordance with the principle of


Article, this Directive does not

go beyond what is necessary in

order to achieve that objective,

measures, in accordance with the

principle of subsidiarity as set out

in Article 5 of the Treaty on

European Union. In accordance

with the principle of


Article, this Directive does not go

beyond what is necessary in order

to achieve that objective.

120 (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

59]

See row 62

121 HAVE ADOPTED THIS

DIRECTIVE:

HAVE ADOPTED THIS

DIRECTIVE:

ARTICLES

122 CHAPTER I CHAPTER I CHAPTER I CHAPTER I

123 GENERAL PROVISIONS GENERAL PROVISIONS GENERAL PROVISIONS GENERAL PROVISIONS

124 Article -1 (new) Article -1 (new) Article -1 (new)



125 Subject matter Subject matter Subject matter

126

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



market by approximating the


administrative provisions of the

Member States as regards the


certain products and services.

[Amendment 60]

The purpose of this Directive

is to contribute to the proper


market by approximating the


administrative provisions of

the Member States as regards


products and services by

eliminating and preventing

barriers arising from

divergent accessibility

requirements to the free

movement of products and

services covered by this

Directive in accordance with

Article 1.

The purpose of this Directive is to



by approximating the laws,


provisions of the Member States

as regards accessibility

requirements for certain products

and services by, in particular,

eliminating and preventing

barriers arising from divergent


Member States to the free

movement of products and

services covered by this Directive.

127 Article 1 Article 1 Article 1

128 Scope Scope Scope

129 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

61]

1. This Directive applies to the

following products placed on

the Union market after the

date referred to in Article

27(2):


following products placed on the

Union market after the date

referred to in Article 27(2):

130 (a) general purpose computer

hardware and operating systems;

(a) general purpose computer

hardware and its embedded

operating systems intended for

(a) consumer general purpose

computer hardware systems and

operating systems;

(a) consumer general purpose

computer hardware systems and

operating systems for these

hardware systems;



use by consumers;

[Amendment 62]

131 (b) the following self-service

terminals:

(b) the following self-service

terminals:


terminals dedicated to the

provision of services covered

by this Directive in

accordance with Article 1(2):


terminals:

(ia) payment terminals;

(iia) the following self-service

terminals dedicated to the

provision of services covered by

this Directive in accordance with

Article 1(2):

(iia-i) Automated Teller Machines;

(iia-ii) ticketing machines

(iia-iii) check-in machines

(iia-iv) interactive self-service

terminals providing information,

excluding machines installed as

integrated parts of vehicles,

aircrafts, ships or rolling stock;

132 (i) Automatic Teller Machines; (i) Automatic Teller Machines; Covered in row 131 Covered in row 131

133 (iiia) payment terminals;[Amdt

63]

(ia) payment terminals; Covered in row 131

134 (ii) ticketing machines; (ii) ticketing machines; (ii) ticketing machines; Covered in row 131



135 (iii) check-in machines. (iii) check-in machines. (iii) check-in machines used to

check passengers in for


Covered in row 131

136 (iv) interactive self-service

terminals providing

information, excluding

machines installed as

integrated parts of vehicles,

aircrafts, ships or rolling

stock.

Covered in row 131

137 (c) consumer terminal equipment

with advanced computing

capability related to telephony

services;

(c) consumer terminal

equipment with advanced

computing capability related to

telephony services;

[Amendment 64]

(c) consumer terminal


computing capability,

foreseeably to be primarily

used for electronic

communication services;

c) consumer terminal equipment

with interactive computing

capability, used for electronic

communication services;

138 (d) consumer terminal equipment


capability related to audio-visual

media services.

(d) consumer terminal


computing capability related to

audiovisual media services;

[Amendment 65]

(d) consumer terminal


computing capability, used for

accessing audio-visual media

services;

(d) consumer terminal equipment


capability, used for accessing

audio-visual media services; and

139 (da) e-book readers. [Amdt 66] (e) e-readers; and (e) e-readers.

140 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 67]


following services provided to

consumers after the date

referred to in Article 27(2),

without prejudice to Article

27a of this Directive:


following services provided to

consumers after the date referred

to in Article 27(2), without

prejudice to Article 27a of this

Directive:



141 (-a) operating systems when

they are not embedded in the

computer hardware and are

provided as intangible property

to consumers; [Amendment 68]

EP AM 68 covered by compromise

proposal in row 130

142 (a) telephony services and related

consumer terminal equipment


capability;

(a) telephony services and

related consumer terminal


computing capability;

[Amendment 69]

(a) electronic communications

services with the exception of

services used for the provision

of machine-to-machine

services;

(a) electronic communications

services with the exception of

transmission services used for the

provision of machine-to-machine

services;

143 (b) audiovisual media services

and related consumer equipment


capability;

(b) websites and mobile device-

based services of audiovisual

media services and related

consumer equipment with

advanced computing capability;

[Amendment 70]

(b) services providing access

to audiovisual media services

[…];

(b) services providing access to

audiovisual media services;

144 (c) air, bus, rail and waterborne


(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:

[point (c): Amdts 235-9 and

253]

(c) the following elements of


passenger transport services:

(c) the following elements of air,

bus, rail and waterborne passenger

transport services, except for

urban, suburban and regional

transport services for which only

the elements under point iii apply:

145 (i) self-service terminals,

located within the territory of

the Union, including ticketing

machines, payment terminals

and check-in machines;

(i) websites;

(ia) mobile device based

services including

applications;

(i) websites;

(ia) mobile device based services

including applications;

(iaa) electronic tickets and

electronic ticketing services;



(ii) websites, mobile device-

based services, smart ticketing

and real-time information;

(iaa) electronic tickets and

electronic ticketing services;

(ii) delivery of transport

service information, including

real-time travel information;

this shall, with regard to

information screens, be

limited to interactive screens

located within the territory of

the Union; and

(iii) interactive self-service

terminals located within the

territory of the Union, except

those installed as integrated

parts of vehicles, aircrafts,

ships and rolling stock used in

the provision of any part of

such passenger transport

services.

(ii) delivery of transport service

information, including real-time

travel information; this shall, with

regard to information screens, be

limited to interactive screens

located within the territory of the

Union; and

(iii) interactive self-service

terminals located within the

territory of the Union, except

those installed as integrated parts

of vehicles, aircrafts, ships and

rolling stock used in the provision

of any part of such passenger

transport services.

New definition: Urban and

suburban transport services

means transport services provided

by all transport modes whose

principal purpose is to meet the

transport needs of an urban

centre or conurbation, including a

cross-border conurbation,

together with transport needs

between such a centre or

conurbation and surrounding

areas, as defined in Article 3(6) of

Directive 2012/34/EU. In this

Directive, it covers only the

following mode of transport: rail,

bus and coach, metro, tram and

trolley bus.



New definition: “Regional

transport services” means

transport services provided by all

transport modes whose principal

purpose is to meet the transport

needs of a region, including a

cross-border region, as defined in

Article 3(7) of Directive

2012/34/EU. In this Directive, it

covers only the following mode of

transport: rail, bus and coach,

metro, tram and trolley bus.

For recital see row 58a.

146 (iii) vehicles, the related

infrastructure and the built

environment, including step-

free access on all public

stations;

EP AM not taken over

147 (iv) fleets of taxis and hire cars

include an adequate proportion

of adapted vehicles.

[Amendments 235, 236, 237,

238, 239 and 253]


148 (d) banking services; (d) consumer banking services;

[Amendment 71]

(d) consumer banking services. (d) consumer banking services;



149 (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 72]

(e) e-books and dedicated

software;

(e) e-books and dedicated

software;

150 (f) e-commerce. (f) e-commerce. (f) e-commerce; (f) e-commerce;

151 (fa) tourism services, including

the provision of

accommodation and catering.

[Amendment 240]


151a 2a (new) This Directive applies to

answering of emergency

communications to the single

European emergency number

112.

152 2b.(new) This Directive shall

be without prejudice to

Directive 2002/21/EC34.

The recitals in rows 47 and 48

replace row 152.

153 3. Chapters I, VI and VII of this

Directive apply to the following:

3. Chapters I, VI and VII of this

Directive apply to the

following:

deleted Deleted

154 (a) public contracts and

concessions which are subject to

(a) public contracts and

concessions which are subject to

Directive 2014/23/EU,

deleted Deleted

34 Will be replaced by a reference to the eCode when the European Electronic Communications Code is adopted.



Directive 2014/23/EU35 Directive

2014/24/EU and Directive

2014/25/EU.

Directive 2014/24/EU and

Directive 2014/25/EU,

conceived or granted after ...

[the date of application of this

Directive]; [Amendment 73]

See row 153

155 (b) the preparation and

implementation of programmes

under Regulation (EU) No



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;36 and Regulation (EU) No


Parliament and of the Council.37

(b) the preparation and


under Regulation (EU) No



laying down common

provisions on the European

Regional Development Fund,

the European Social Fund, the

Cohesion Fund, the European

Agricultural Fund for Rural

Development and the European

Maritime and Fisheries Fund;

and Regulation (EU) No



adopted or implemented after

... [the date of application of

deleted Deleted

See row 153

35 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)

36 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European

Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European

Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund

and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 ( OJ L 347, 20.12.2013, p. 320). 37 Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council

Regulation (EC) No 1081/2006. (OJ L 347, 20.12.2013, p. 470).



this Directive]; [Amendment

74]

156 (c) tender procedures for public

passenger transport services by

rail and by road under Regulation

(EC) No 1370/2007 of the


Council.38

(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



of the Council35; [Amendment

75]

deleted Deleted

See row 153

157 (d) transport infrastructure in



Parliament and of the Council.39

(d) transport infrastructure in


(EU) No 1315/2013 of the


Council, designed or

constructed after ... [the date of

application of this Directive];

[Amendment 76]

deleted Deleted

See row 153

158 3a. This Directive does not

apply to the following content

of websites and mobile device-

based applications:

6.(new) With regard to

websites, this Directive shall

not apply to the following

content:

6.(new) With regard to websites

and mobile device-based

applications, this Directive does

not apply to the following content:

38 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road

and repealing Council Regulations (EEC) 1191/69 and 1107/70 (OJ L 315 of 3.12.2007, p.1). 39 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-

European transport network (OJ L 348, 20.12.2013, p.1).



159 (i) pre-recorded time-based

media published prior to

[entry-into-force of the

Directive];

(a) pre-recorded time-based media

published prior to [the date of

application of this Directive]];

160 (a) office file formats published

before ... [the date of

application of this Directive];

(b) office file formats published

before ... [the date of application

of this Directive];

161 (b) online maps and mapping

services, if essential

information is provided in an

accessible digital manner for

maps intended for navigational

use;

(ii) online maps and map

services,

(c) online maps and mapping

services, if essential information

is provided in an accessible digital

manner for maps intended for

navigational use;

162 (c) third-party content that is

neither funded nor developed

by, nor under the control of,

the economic operator or

competent authority

concerned;

(iii) third-party content that

has neither been financed nor

developed by the service

provider in question and that

is not subject to the providers'

control.

(d) third-party content that is

neither funded nor developed by,

nor under the control of, the

economic operator concerned;

163 (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 79]

(e) 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].



164 4.(new) This Directive

shall be without prejudice to

Union and national legislation

on copyright and related

rights, including Directive

2001/29/EC, [Marrakech-

Directive (2016/0278 (COD))

and Marrakech-Regulation

(2016/0279 (COD))] 40, Rental

and Lending Directive

2006/115/EC, Software

Directive 2009/24/EC.

4.(new) This Directive shall

be without prejudice to the

Marrakech-Directive (2017/1564)

and Marrakech-Regulation

(2017/1563].

165 5.(new) This Directive is

without prejudice to the

following Union legislation,

including provisions related to

accessibility:

Regulation (EC)

1371/200741;

Regulation (EU)

1300/201442;

Regulation (EU)

454/201143;

This provision is covered in row

235 ff. (Article 3a(new) [Council]).

Cf. EP amendment to art 3(6) on

passenger transport.

40 It is the intention to include the "Marrakech acts" if adopted prior to the EAA. If not, it can be noted that the list is not comprehensive as seen in the word

"including". 41 http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32007R1371 42 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R1300 43 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2011.123.01.0011.01.ENG



Regulation (EU)

181/201144;

Regulation (EU)

1177/201045;

Regulation (EU)

1107/200646 and

Regulation (EU)

261/200447.

166 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 80]

See Article 12 (incl. row 316)

167 Article 2 Article 2 Article 2 Article 2

168 Definitions Definitions Definitions48 Definitions

169 For the purposes of this

Directive, the following

definitions shall apply:

For the purposes of this



For the purposes of this



For the purposes of this Directive,

the following definitions shall

apply:

44 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32011R0181 45 http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010R1177 46 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006R1107 47 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance


p. 1). 48 In the following order: general definitions, products in general, services in general, general definitions related to products and services, individual

products/services, cf. Article 1



170 (1) “accessible products and

services” are products and

services that are perceptible,

operable and understandable for



with disabilities, on an equal

basis with others;

(1) “accessible products and

services” are means products

and services that are

perceptible, operable and

understandable for persons with


capable of being perceived,

operated and understood by persons with disabilities on an

equal basis with others and are

sufficiently robust for them to

use; [Amendment 81]

deleted Deleted

171 (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


groups of persons with functional


with disabilities where this is

needed;

deleted [Amendment 82] deleted Deleted

172 (2a) "applicable accessibility

requirements" means the


referred to in Article 3 to the

This definition will not be included,

but technical adaptations are

introduced in several parts of the

proposal when there is reference to



extent they apply to the

economic operator concerned

in accordance with paragraph

1 and 2 of Article 12.

“aplicable accessibility

requirements” - to be adapted

during the linguistic verification of

the text.

173 (3) “persons with functional

limitations” means persons who




impairment, or other human body


permanent or temporary, which in


result in their reduced access to

products and services, leading to

a situation that requires

adaptation to their particular

needs of those products and

services;

(3) “persons with functional

limitations” means persons who




impairment, or other human

body performance related

causes, permanent or temporary,

which in interaction with

various barriers result in their

reduced access to products and

services, leading to a situation

that requires adaptation to their

particular needs of those

products and services;

deleted See row 16 introducing a new

recital

174 (4) “persons with disabilities”

include persons who have long-

term physical, mental, intellectual

or sensory impairments which in


may hinder their full and

effective participation in society

on an equal basis with others;

(4) “persons with disabilities”

include persons who have long-









means persons who have long-









means persons who have long-

term physical, mental, intellectual

or sensory impairments which in


may hinder their full and effective

participation in society on an equal

basis with others;

175 (5) “product” means a substance,

preparation or good produced

(5) “product” means a

substance, preparation or good

(5) “product” means a

substance, preparation or, good

(5) “product” means a substance,

preparation or, good produced



through a manufacturing process

other than food, feed, living

plants and animals, products of

human origin and products of

plants and animals relating

directly to their future

reproduction;

produced through a

manufacturing process other

than food, feed, living plants

and animals, products of human

origin and products of plants

and animals relating directly to

their future reproduction;

produced through a

manufacturing process other

than food, feed, living plants


origin and products of plants

and animals relating directly to

their future reproduction;

through a manufacturing process

other than food, feed, living plants


origin and products of plants and

animals relating directly to their

future reproduction;

176 (5a) “service” means a service

as defined in point 1 of Article

4 of Directive 2006/123/EC of


of the Council49; [Amendment

83]

(5a)(new) “service” means a

service within the meaning of

Article 4(1) of Directive

2006/123/EC;46

(5a) “service” means a service as

defined in point 1 of Article 4 of



Council50;

177

(5b) “service provider” means

any natural or legal person

who offers or provides a service

which is directed towards the

Union market; [Amendment

84]

(5b)(new) “service provider”

means any natural or legal

person who offers or provides

a service which is directed

towards the Union market. In

the context of e-books the

concept of a service provider

may include publishers and

other economic operators

involved in their distribution;

(5b)(new) "service provider"

means any natural or legal person

who provides a service on the

Union market or makes offers to

provide such service to consumers

in the Union;

178 (6) "audiovisual media services"

means services within the

meaning of Article 1(1)(a) of


(6) "audiovisual media services"

means services within the




means services defined in

Article 1(1)(a) of Directive


Parliament and of the Council;47


means services defined in



Parliament and of the Council;

49 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36). 50 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).




Council;51


Council;47

179 (6a)(new) ["services providing


services" means services

transmitted by electronic

communication networks

which are used to identify, to

receive information on, and to

select and view audiovisual

media services and any

related measures to make

them accessible as referred to

in Article 7 of Directive

2010/13/EU. Those services

providing access to

audiovisual media services

may include websites, online

applications, set-top boxes

based applications,

downloadable applications,

mobile device-based services


and related media players as

well as connected TV services.

They shall also include

electronic programming

guides (EPGs). These services

are part of audiovisual media

(6a)(new) "services providing



transmitted by electronic

communication networks which

are used to identify, to select, to

receive information on, and view

audiovisual media services and

any provided features, such as

subtitles for the deaf and hard of

hearing, audio description,

spoken subtitles and sign

language interpretation, which

result from the implementation of

measures to make them accessible

as referred to in Article 7 of

Directive 2010/13/EU. They shall

also include electronic

programming guides (EPGs).

51 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation

or administrative action in Member States concerning the provision of audiovisual media services (OJ L 95, 15.04.2010, p. 1)



services that are not regulated

for accessibility in Directive

201X/XXX revising Directive

2010/13/EC. They shall not

include audiovisual media

services regulated for

accessibility under Directive

2010/13/EU] 52;

180 (6b)(new) "consumer terminal



accessing audiovisual media

services" means any

equipment whose main

purpose is providing access to

services within the meaning of


2010/13/EU, television

broadcasts as defined in

Article 1(e) of said Directive,

on-demand audiovisual media

services as defined in Article

1(g) of said Directive and

audiovisual commercial

communication as defined in

Article 1(h) of said Directive;

(6b)(new) "consumer terminal



accessing audiovisual media

services" means any equipment

whose main purpose is providing

access to services within the


Directive 2010/13/EU;

181

(7) “Telephony services” means


Article 2(c) of Directive

(7) “Telephony services” means


Article 2(c) of Directive

(7) "electronic communication

services" means services within

the meaning of Article 2(c) of


(7) "electronic communication

service" means electronic

communication service as defined

in point 4 of Article 2 of Directive

52 References to be checked in due course.




Parliament and of the Council;53


Parliament and of the Council;


Council54; (EU) 2018/... of the European

Parliament and of the Council;[1]+

182 (7a-1)(new) "emergency

communication" means

communications by means of

interpersonal communication

services between an end-user

and the PSAP with the goal to

request and receive

emergency relief from

emergency services 55;

(7a-4)(new) "emergency

communication" means

emergency communication as


Directive (EU) 2018/...;++

(7a-1)(new) "total conversation

services” means total

conversation service as defined in

point 35 of Article 2 of Directive

(EU) 2018/...++;

183 (7a-2)(new) “public safety

answering point” (PSAP)

means a physical location

where an emergency

communication is first

received, under the

responsibility of a public

authority or a private

organisation recognised by the

Member State56;

(7a-2)(new) “PSAP” means PSAP

as defined in point 36 of Article 2

of Directive (EU) 2018/...++;

(7a-3)(new) “most appropriate

PSAP”means- most appropriate

PSAP as defined in point 37 of

Article 2 of Directive (EU)

2018/...++;

53 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications

networks and services (OJ L 108, 24.4.2002, p. 33). 54 Will be replaced by a reference to the eCode after the European Electronic Communication Code has been adopted.

[1] Directive (EU) 2018/… of the European Parliament and of the Council of … establishing the European Electronic Communications Code (OJ L , …, p. ).

+ OJ: Please insert in the text the number of the Directive contained in document PE-CONS 52/18 (2016/0288(COD)) and insert the number, date, title and

OJ reference of that Directive in the footnote.

55 The PRES suggest to replace this with a reference to the eCode if that act is adopted before the EAA. 56 The PRES suggest to replace this with a reference to the eCode if that act is adopted before the EAA



184 (7a-3)(new) “emergency

service” means a service,

recognised as such by the

Member State, that provides

immediate and rapid

assistance in situations where

there is, in particular, a direct

risk to life or limb, to

individual or public health or

safety, to private or public

property, or to the

environment, in accordance

with national legislation57;

(7a-5)(new) “emergency service”

means emergency service as


Directive (EU) 2018/...++;

185 (7a-4)(new) “real time text”

means a form of text

conversation in point to point

situations or in multipoint

conferencing where the text

being entered is sent in such a

way that the communication is

perceived by the user as being

continuous on a character-by-

character basis;

(7a-6)(new) “real time text”

means a form of text conversation

in point to point situations or in

multipoint conferencing where

the text being entered is sent in

such a way that the

communication is perceived by the

user as being continuous on a

character-by-character basis;

186 (8) “making available on the

market” means any supply of a

product for distribution,

consumption or use on the Union

market in the course of a

commercial activity, whether in

(8) “making available on the

market” means any supply of a


consumption or use on the

Union market in the course of a


(8) "making available on the

market" means any supply of a


consumption or use on the

Union market in the course of a


(8) "making available on the

market" means any supply of a


consumption or use on the Union

market in the course of a


57 The PRES suggest to replace this with a reference to the eCode if that act is adopted before the EAA



return for payment or free of

charge;


charge;


charge;


charge;

187 (9) “placing on the market”

means the first making available

of a product on the Union market;

(9) “placing on the market”


of a product on the Union

market;

(9) "placing on the market"


of a product on the Union

market;

(9) "placing on the market" means

the first making available of a

product on the Union market;

188 (10) “manufacturer” means any

natural or legal person who

manufactures a product or has a

product designed or

manufactured, and markets that

product under his name or

trademark;

(10) “manufacturer” means any



product designed or



trademark;

(10) "manufacturer" means any



product designed or



trademark;

(10) "manufacturer" means any



product designed or manufactured,

and markets that product under his

name or trademark;

189 (11) “authorised representative”


established within the Union who

has received a written mandate

from a manufacturer to act on his

behalf in relation to specified

tasks;

(11) “authorised representative”


person established within the

Union who has received a

written mandate from a

manufacturer to act on his


tasks;

(11) "authorised representative"


person established within the

Union who has received a

written mandate from a

manufacturer to act on his


tasks;

(11) "authorised representative"



has received a written mandate

from a manufacturer to act on his


tasks;

190 (12) “importer” means any

natural or legal person


places a product from a third

country on the Union market;

(12) “importer” means any


established within the Union

who places a product from a

third country on the Union

market;

(12) "importer" means any


established within the Union

who places a product from a

third country on the Union

market;

(12) "importer" means any natural

or legal person established within

the Union who places a product

from a third country on the Union

market;

191 (13) “distributor” means any

natural or legal person in the

supply chain, other than the

manufacturer or the importer,

(13) “distributor” means any




(13) "distributor" means any




(13) "distributor" means any



manufacturer or the importer, who



who makes a product available on

the market;

who makes a product available

on the market;

who makes a product available

on the market;

makes a product available on the

market;

192 (14) “economic operators” means

the manufacturer, the authorised

representative, the importer, the

distributor, and the service

provider;

(14) “economic operators”

means the manufacturer, the

authorised representative, the

importer, the distributor, and the

service provider;

(14) "economic operator" means



distributor, or the service

provider;

(14) "economic operator" means



distributor, or the service provider;

193 (15) “consumer” means any

natural person who purchases the

relevant product or is a recipient

of the relevant service for

purposes which are outside his

trade, business, craft or

profession;

(15) “consumer” means any

natural person who purchases

the relevant product or is a

recipient of the relevant service

for purposes which are outside

his trade, business, craft or

profession;

(15) "consumer" means any

natural person who purchases

the relevant product or is a

recipient of the relevant service

for purposes which are outside

his trade, business, craft or

profession;

(15) "consumer" means any natural

person who purchases the relevant

product or is a recipient of the

relevant service for purposes which

are outside his trade, business,

craft or profession;

194 (16a) "SME" means a small or

medium-sized enterprise as

defined in Commission

Recommendation

2003/361/EC58; [Amendment

85]

(15a)(new) "small and

medium-sized enterprises"

(SMEs) mean that category of

enterprises which employ

fewer than 250 persons and

which have an annual

turnover not exceeding EUR

50 million, and/or an annual

balance sheet total not

exceeding EUR 43 million, but

which exclude

microenterprises;

(15a)(new) "small and medium-

sized enterprises" (SMEs) mean

that category of enterprises

which employ fewer than 250

persons and which have an

annual turnover not exceeding

EUR 50 million, and/or an

annual balance sheet total not

exceeding EUR 43 million, but

which exclude microenterprises;

Also new recital added in row 75

58 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p.

36).



195 (16) “microenterprise” means an

enterprise which employs fewer

than 10 persons and whose

annual turnover and/or annual

balance sheet total does not

exceed EUR 2 million.

(16) “microenterprise” means

an enterprise which employs

fewer than 10 persons and

whose annual turnover and/or

annual balance sheet total does

not exceed EUR 2 million.

(16) "microenterprise" means an


than 10 persons and whose

annual turnover and/or annual

balance sheet total does not

exceed EUR 2 million;

(16) "microenterprise" means an


than 10 persons and whose annual

turnover and/or annual balance

sheet total does not exceed EUR 2

million;

196 (17) "harmonised standard’

means harmonised standard as

defined in point 1(c) of Article 2

of Regulation (EU) No

1025/2012;

(17) "harmonised standard’

means harmonised standard as



1025/2012;

(17) "harmonised standard"

means a harmonised standard as



1025/2012;

(17) "harmonised standard" means

a harmonised standard as defined

in point 1(c) of Article 2 of

Regulation (EU) No 1025/2012;

197 (18) "common technical

specifications" means a technical

specification as defined in Article

2(4) of Regulation (EU) No

1025/2012 that provides a means


requirements applicable to a

product or service;

(18) "common technical

specifications" means a

technical specification as

defined in Article 2(4) of


that provides a means to comply



product or service;

(18) "common technical

specifications" means a

technical specification as






product or service;

(18) "technical specifications"

means a technical specification as





applicable to a product or service;

198 (19) “recall” means any measure

aiming at the return of a product

that has already been made

available to the end user;


199 (20) “withdrawal” means any

measure aiming at preventing a

product in the supply chain from

being made available on the

market;

(20) “withdrawal” means any


product in the supply chain

from being made available on

the market;

(20) "withdrawal" means any


product in the supply chain

from being made available on

the market;

(20) "withdrawal" means any


product in the supply chain from

being made available on the

market;



200 (20a) "consumer banking


enabling consumers to open

and use payment accounts with

basic features in the Union

within the meaning of Directive



Council59; [Amendment 87]

(20a)(new) "consumer

banking services" means

provision to consumers of the

following banking and

financial services, including

where provided through

websites and mobile

applications: credit

agreements covered by the

Consumer Credit Directive

(Directive (2008/48/EC) or the

Mortgage Credit Directive

(2014/17/EU); services defined

in paragraphs 1-5 in Section A

and paragraphs 1, 2, 4 and 5

in Section B in Annex I of the

Markets in financial

instruments directive

(MiFIDII - 2014/65/EC);

payment services as defined in

Article 4(3) of the Payment

Service Directive

(2015/2366/EU); and services

linked to the payment account

as defined in the Payment

Account Directive

(2014/92/EU) and electronic

money as defined in Directive

2009/110/EC;

(20a)(new) "consumer banking

services" means provision to

consumers of the following

banking and financial services:

credit agreements covered by the

Consumer Credit Directive

(Directive (2008/48/EC) or the

Mortgage Credit Directive

(2014/17/EU); services defined in

paragraphs 1, 2, 4 and 5 in

Section A and paragraphs 1, 2, 4

and 5 in Section B in Annex I of

the Markets in financial

instruments directive (MiFIDII -

2014/65/EC); payment services as

defined in Article 4(3) of the

Payment Service Directive

(2015/2366/EU); and services

linked to the payment account as

defined in the Payment Account

Directive (2014/92/EU) and

electronic money as defined in

Directive 2009/110/EC;

59 Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment

account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214).



201 (20b)(new) "payment

terminal" means a device

whose main purpose is to

allow to make payments by

using payment instruments as

defined in Article 4 (14) of the

Payment Service Directive

2015/2366/EU at a physical

point of sale but not in a

virtual environment;

(20b)(new) "payment terminal"

means a device whose main

purpose is to allow to make

payments by using payment

instruments as defined in Article 4

(14) of the Payment Service

Directive 2015/2366/EU at a

physical point of sale but not in a

virtual environment;

202 (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


and of the Council60a;

[Amendment 88]

(21) "e-commerce services"

means a service provided at a

distance, through websites

and mobile applications, by

electronic means and at the

individual request of a

consumer with a view to

conclude a consumer

contract;

(21) "e-commerce services" means

a service provided at a distance,

through websites and mobile

applications, by electronic means

and at the individual request of a

consumer with a view to conclude

a consumer contract;

203 (21a) "air passenger transport


provided by air carriers, tour

operators and the managing

bodies of airports as defined in

points (b) to (f) of Article 2 of



(7a)(new) "air passenger

transport services" means

commercial passenger air

services, as defined in Article

2(l) of Regulation (EC) No

1107/2006, on departure from,

on transit through, or on

arrival at an airport, when the

airport is situated in the

(7a)(new) "air passenger


commercial passenger air

services, as defined in Article 2(l)

of Regulation (EC) No 1107/2006,

on departure from, on transit

through, or on arrival at an

airport, when the airport is

situated in the territory of a

60 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular

electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).



and of the Council61;

[Amendment 89]

territory of a Member State.

It shall include flights

departing from an airport

situated in a third country to

an airport situated in the

territory of a Member State

where the services are

operated by EU carriers;

Member State. It shall include

flights departing from an airport

situated in a third country to an

airport situated in the territory of

a Member State where the

services are operated by EU

carriers;

204 (21b)"bus passenger transport


covered by Article 2(1) and (2)


181/2011; [Amendment 90]

(7b)(new) "bus passenger


services covered by Article

2(1) of Regulation (EC) No

181/2011;

(21b)"bus passenger transport

services" means services covered

by Article 2(1) and (2) of

Regulation (EU) No 181/2011;

205

(21c) "rail passenger transport

services" means all rail

passenger services covered by

Article 2(1) and (2) of

Regulation (EC) No

1371/2007; [Amendment 91]

(7c)(new) "rail passenger

transport services" means all

rail passenger services as

defined in Article 2(1), of


with the exception of services

defined in Article 2(2) thereof.

It shall not include "urban

and suburban services" as


Directive 2012/34 or "regional

services" as defined in Article

3(7) of that Directive;

(21c) "rail passenger transport

services" means all rail passenger

services as referred to in Article

2(1), of Regulation (EC) No

1371/2007 with the exception of

services referred to in Article 2(2)

thereof.

206 (21d) "waterborne passenger


(7d)(new) "waterborne

passenger transport services"

(7d)(new) "waterborne passenger


61 Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with

reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1).




Article 2(1) of Regulation (EU)

No 1177/2010. [Amendment

92]

means passenger services

covered by Article 2(1) of

Regulation (EC) No

1177/2010. It shall not include

services covered by Article

2(2) of that Regulation;


Article 2(1) of Regulation (EC)

No 1177/2010. It shall not include

services covered by Article 2(2) of

that Regulation;

207 (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


with disabilities; [Amendment

337]

(21e) "assistive technology"

means any item, piece of

equipment, service or product

system including software that is

used to increase, maintain,

substitute or improve functional

capabilities of individuals with

disabilities or for, alleviation and

compensation of impairments,

activity limitations or

participation restrictions;

208 (23)(new) "operating system"

means software, which, inter

alia, handles the interface to

peripheral hardware,

schedules tasks, allocates

storage, and presents a default

interface to the user when no

application program is

running including a graphical

user interface, whether such

software is an integral part of

consumer general purpose

computer hardware, or else

free-standing software

(23)(new) "operating system"

means software, which, inter alia,

handles the interface to peripheral

hardware, schedules tasks,

allocates storage, and presents a

default interface to the user when

no application program is

running including a graphical

user interface, whether such

software is an integral part of


computer hardware, or else free-

standing software intended to be

run on consumer general purpose



intended to be run on


computer hardware; however

it shall not mean an operating

system loader, basic

input/output system, or other

firmware required at boot

time or when installing the

operating system;

computer hardware; however, it

shall not mean an operating

system loader, basic input/output

system, or other firmware

required at boot time or when

installing the operating system;

209 (23a)(new) "consumer

terminal equipment" means a

product which is intended to

be connected to the network

termination point by a

consumer and which may be

used to access or to provide

the services covered by this

Directive;

Definition can be deleted.

210 (23b)(new) “consumer general

purpose computer hardware

system” means the

combination of hardware

which forms a complete

computer, characterised by its

multipurpose nature, its


appropriate software, most

common computing tasks

requested by consumers and

intended to be operated by

consumers; this shall include

personal computers, in

(23b)(new) “consumer general

purpose computer hardware

system” means the combination of

hardware which forms a complete

computer, characterised by its

multipurpose nature, its ability to

perform, with the appropriate

software, most common

computing tasks requested by

consumers and intended to be

operated by consumers; this shall

include personal computers, in

particular desktops, notebooks,

smartphones and tablets;



particular desktops,

notebooks, smartphones and

tablets;

211 (24)(new) "interactive

computing capability" means

functionality supporting

human-device interaction

allowing for processing and

transmission of data, voice

and/or video;

(24)(new) "interactive computing

capability" means functionality

supporting human-device

interaction allowing for

processing and transmission of

data, voice and/or video;

212 (25)(new) "e-book and

dedicated software" means a

service, consisting of the

provision of digital files that

convey an electronic version

of a book, that can be

accessed, navigated, read and

used and the software


dedicated to the accessing,

navigation, reading and use of

those digital files. It shall not

include software covered

under definition 25a(new);

(25)(new) "e-book and dedicated

software" means a service,

consisting of the provision of

digital files that convey an

electronic version of a book, that

can be accessed, navigated, read

and used and the software


dedicated to the accessing,

navigation, reading and use of

those digital files. It shall not

include software covered under

definition 25a(new);

213 (25a)(new) "e-reader" means

dedicated equipment,

including both hardware and

software, used to access,

navigate, read and use e-book

files;

(25a)(new) "e-reader" means

dedicated equipment, including

both hardware and software, used

to access, navigate, read and use

e-book files;



214 (27)(new) "electronic tickets"

means any system in which an

entitlement to travel, in the

form of single or multiple

travel tickets, travel

subscriptions or travel credit,

is stored electronically on a

physical transport pass or

other device, instead of being

printed on a paper ticket;

(27)(new) "electronic tickets"

means any system in which an

entitlement to travel, in the form

of single or multiple travel tickets,

travel subscriptions or travel

credit, is stored electronically on a

physical transport pass or other

device, instead of being printed on

a paper ticket;

215 (28)(new) "electronic ticketing

services" means any system in

which passenger transport

tickets are purchased

including online using a device


capability, and delivered to

the purchaser in electronic

form, in order that they might

be printed in paper form or

else displayed using a mobile

device with interactive

computing capability when

travelling.

(28)(new) "electronic ticketing

services" means any system in

which passenger transport tickets

are purchased including online

using a device with interactive

computing capability, and

delivered to the purchaser in

electronic form, in order that they

might be printed in paper form or

else displayed using a mobile

device with interactive computing

capability when travelling.

216 CHAPTER II CHAPTER II CHAPTER II CHAPTER II

217 ACCESSIBILITY

REQUIREMENTS AND FREE

MOVEMENT

ACCESSIBILITY

REQUIREMENTS AND

FREE MOVEMENT

ACCESSIBILITY

REQUIREMENTS AND

FREE MOVEMENT

ACCESSIBILITY

REQUIREMENTS AND FREE

MOVEMENT


219 Accessibility requirements Accessibility requirements Accessibility requirements Accessibility requirements



220 1. Member States shall ensure

that the products and services

referred to in Article 1(1) and

1(2) comply with the accessibility

requirements set out in Annex I

in accordance with paragraphs 2

to 9 of this Article.

1. Member States shall ensure

that the products and services


1(2) comply with the


out in Annex I in accordance

with paragraphs 2 to 9 of this

Article.


that economic operators only

place on the market products


only provide services […]

referred to in Article […] 1(2)

that comply with the


out in Annex I in accordance

with paragraphs 2, 3 and 4 of

this Article, without prejudice

to Article 12 of this Directive.

1. Member States shall ensure that

economic operators only place on

the market products referred to in

Article 1(1) and only provide

services referred to in Article 1(2)

that comply with the accessibility

requirements set out in Annex I in

accordance with paragraphs 2, 3

and 4 of this Article, without

prejudice to Article 12 of this

Directive.

221 2. General purpose computer

hardware and operating systems

shall comply with the

requirements set out in Section I

of Annex I.

2. General purpose computer

hardware and operating systems


requirements set out in Section I

of Annex I.

2. All products listed in

Article 1(1) shall comply with

the applicable requirements

set out in Section I of Annex I.

2. All products listed in Article

1(1) shall comply with the

applicable requirements set out in

Section I of Annex I.

222 All products referred to in

Article 1(1), with the

exception of the self-service

terminals referred to in

point (b), shall comply with

the requirements set out in

Section II of Annex I.

All products referred to in Article

1(1), with the exception of the

self-service terminals referred to

in point (b), shall comply with the

requirements set out in Section II

of Annex I.

223 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 93]

3. Without prejudice to the

second subparagraph of this

paragraph all services listed in

Article 1(2) shall comply with


Section III and IV of Annex I.

3. Without prejudice to paragraph

4 of this Article, all services,

except for urban, suburbanand

regional transport services, listed

in Article 1(2) shall comply with


Section III of Annex I.



Without prejudice to paragraph 4

of this Article, all services listed in

Article 1(2) shall comply with the

relevant requirements set out in

Section IV of Annex I.

224

4. Telephony services, including

emergency services and the



computing capability, shall

comply with the requirements set

out in Section III of Annex I.

4. Telephony services, including

emergency services and the



computing capability, shall

comply with the requirements

set out in Section III of Annex I.

[Amendment 94]

Deleted 1. A new paragraph in Article 1

(row 151a)

2. A new paragraph under Article

3:

(3a)(new) Member States

shall ensure that answering of

emergency communications to the

single European emergency

number 112 by the most

appropriate PSAP, shall comply

with the specific accessibility

requirements set out in Section V

of Annex I in the manner best

suited to the national organisation

of emergency systems.

3. A new pargraph in article 27,

see row 473a:

4. New Recitals in row 65a

5. Addition in Annex I, Section IVa

225 5. Audiovisual media services

and the related consumer


computing capability shall

5. Websites and mobile device-

based services of audiovisual

media services and the related

consumer equipment with

Deleted Deleted



comply with the requirements set

out in Section IV of Annex I.

advanced computing capability



IV of Annex I. [Amendment 95]

226

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, rail and waterborne

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 ticketing such as

payment machines and, check-

in machines used for the

provision of passenger transport

services shall comply with the

corresponding requirements set

out in, 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

The elements of air, bus, rail

and waterborne passenger

transport services referred to

in Article 1(2)(c) shall comply

only with the requirements set

out in Section III of Annex 1.

Covered in row 223.



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 244]

227 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


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


VI of Annex I. [Amendment 97]

deleted Deleted

228 8. E-books shall comply with the


VII of Annex I.

8. E-books and related

equipment shall comply with


Section VII of Annex I.

[Amendment 98]

deleted Deleted

229 9. E-commerce shall comply with


Section VIII of Annex I.

9. E-commerce shall comply


Section VIII of Annex I.

Deleted

230 10. Member States may decide, in

the light of national conditions,

that the built environment used

by clients of passenger transport

services including the

10. Member States may decide,

in the light of national

conditions, shall ensure that the

built environment used by

clients of passenger transport

deleted 10. Member States may decide, in

the light of national conditions,

that the built environment used by

clients of services covered by this

Directive shall comply with 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


requirements of Annex I, section

X, in order to maximise their use

by persons with functional


with disabilities.

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


Annex I, set out in Section X of

Annex I, in order to maximise

their use by persons with


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. [Amdt

224]


Annex Ib (new), in order to

maximise their use by persons with

disabilities.

231 4. Microenterprises offering

services under Article 1(2)

shall be exempted from

complying with the

requirements referred to in

paragraph 3 of this Article

4. Microenterprises offering

services under Article 1(2) shall

be exempted from complying with

the requirements referred to in

paragraph 3 of this Article and

any obligation relating to the



and any obligation relating to

the compliance with those

requirements.

compliance with those

requirements.

231a New paragraph under Article 3:

xa (new). Member States shall

provide guidelines and tools to

microenterprises to facilitate the



Directive. Member States shall

develop these tools in consultation

with relevant stakeholders.

232 11.(new) Member States may

inform economic operators of

the indicative examples of how

to comply with the


Annex I or of the expected

result of applying them

contained in Annex Ia.

xb.(new) Member States may

inform economic operators of the

indicative examples of how to


requirements in Annex I or of the

expected result of applying them

contained in Annex Ia.

233 Article 3a (new) Article 3a (new)

234 Existing Union law in the field

of passenger transport

Existing Union law in the field of

passenger transport

235 1. Compliance with existing

Union law in the field of

transport with respect to the

provision of accessible

information and to the

provision of information

about accessibility shall be

deemed in compliance with

Services complying with the

requirements on the provision of

accessible information and of

information on accessibility laid

down in Regulations 261/2004,

1107/2006, 1371/2007, 1177/2010,

and 181/2011 and relevant acts

adopted on the basis of Directive



the corresponding

requirements in this Directive.

The existing Union law in

question comprises Regulation

(EU) 1371/2007, Regulation




(EC) 261/2004 and Regulation

(EC) 1107/2006. Where this

Directive in its scope of

application provides for

additional requirements, they

shall apply in full.

2008/57/EC shall be deemed to

comply with the corresponding

requirements in this Directive.

Where this Directive provides for

additional requirements to those

provided in those Regulations and

acts, they shall apply in full.

236 2. Where a railway

undertaking complies with the


related to its official website

as set out in Regulation (EU)

454/2011, this shall be deemed

compliance with the

corresponding provisions in

this Directive. Other websites

of the rail service providers

used by consumers shall

comply with this Directive.

Council’s text not taken over - See

row 235

236a 3. The requirements of this

Directive shall also apply

where a Union law makes

explicit reference to this

Directive.

Council’s text not taken over - See

row 235




238 Free movement Free movement Free movement Free movement

239 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 for reasons related to


[Amdt 100]


the making available on the

market in their territory of

products or the provision of

services in their territory that

comply with this Directive for

reasons related to accessibility

requirements. […]


the making available on the market

in their territory of products or the

provision of services in their

territory that comply with this

Directive for reasons related to


240 CHAPTER III CHAPTER III CHAPTER III CHAPTER III

241 OBLIGATIONS OF

ECONOMIC OPERATORS

Arts 5 to 10 dealing with

products;

Art 11 on services;

Art 12 (products and services).

OBLIGATIONS OF

ECONOMIC OPERATORS

Arts 5 to 10 dealing with

products

Art 11 on services;

Art 12(products and services).

OBLIGATIONS OF

ECONOMIC OPERATORS

DEALING WITH

PRODUCTS

Ch. III with Arts 5 to 10 dealing

with products;

Ch. IIIA with Art 11 (services)

Ch. IIIB on Art 12 (prods,

services)

OBLIGATIONS OF

ECONOMIC OPERATORS

DEALING WITH PRODUCTS


243 Obligations of manufacturers Obligations of manufacturers Obligations of manufacturers Obligations of manufacturers



244 1. When placing their products on

the market, manufacturers shall

ensure that the products have

been designed and manufactured

in accordance with the applicable


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


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 101]

1. When placing their products

on the market, manufacturers

shall ensure that the products

have been designed and

manufactured in accordance


requirements set out in

accordance with this

Directive.

1. When placing their products on

the market, manufacturers shall

ensure that the products have been

designed and manufactured in

accordance with any applicable

accessibility requirements as set

out in this Directive.

245 2. Manufacturers shall draw up

the technical documentation in

accordance with Annex II and

carry out the conformity

assessment procedure set out in

that Annex or have it carried out.

2. Manufacturers shall draw up





that Annex or have it carried

out.

2. Manufacturers shall draw up





that Annex or have it carried

out.

2. Manufacturers shall draw up the

technical documentation in




that Annex or have it carried out.

246 Where compliance of a product


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


requirements set out in Article 3

has been demonstrated by that

conformity assessment procedure, manufacturers shall

draw up an EU declaration of





manufacturers shall draw up an


and affix the CE marking.





manufacturers shall draw up an EU

declaration of conformity and affix

the CE marking.



conformity and affix the CE

marking which shall clearly

indicate that the product is

accessible. [Amendment 102]

247 2a.(new) Manufacturers shall

keep the technical

documentation and the EC

declaration of conformity for

5 year after the product has

been placed on the market.

2a.(new) Manufacturers shall

keep the technical documentation

and the EC declaration of

conformity for 5 years after the

product has been placed on the

market.

248 3. Manufacturers shall ensure that

procedures are in place for series

production to remain in

conformity. Changes in product

design or characteristics and

changes in the harmonised

standards or in other technical

specifications and by reference to

which conformity of a product is

declared shall be adequately

taken into account.

3. Manufacturers shall ensure

that procedures are in place for

series production to remain in




standards or in other technical

specifications and by reference

to which conformity of a

product is declared shall be

adequately taken into account.


that procedures are in place for

series production to remain in




standards or in technical

specifications by reference to

which conformity of a product

is declared shall be adequately

taken into account.

3. Manufacturers shall ensure that

procedures are in place for series

production to remain in






which conformity of a product is

declared shall be adequately taken

into account.

249 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 and

products recalls, and shall keep

distributors informed of any

such monitoring. [Amendment

103]

[…] Deleted

Taken over in row 253


their products bear a type, batch


that their products bear a type,


that their products bear a type,


their products bear a type, batch or



or serial number or other element

allowing their identification, or,

where the size or nature of the

product does not allow it, that the

required information is provided

on the packaging or in a

document accompanying the

product.

batch or serial number or other

element allowing their

identification, or, where the size

or nature of the product does not

allow it, that the required

information is provided on the

packaging or in a document

accompanying the product.

batch or serial number or other

element allowing their

identification, or, where the size

or nature of the product does not

allow it, that the required

information is provided on the



serial number or other element

allowing their identification, or,

where the size or nature of the

product does not allow it, that the

required information is provided

on the packaging or in a document


251

6. Manufacturers shall indicate

their name, registered trade name

or registered trade mark and the

address at which they can be

contacted on the product or,

where that is not possible, on its


accompanying the product. The

address must indicate a single

point at which the manufacturer

can be contacted.


their name, registered trade

name or registered trade mark

and the address at which they

can be contacted on the product

or, where that is not possible, on

its packaging or in a document




can be contacted.


their name, registered trade

name or registered trade mark

and the address at which they

can be contacted on the product

or, where that is not possible, on

its packaging or in a document




can be contacted. The contact

details shall be in a language

easily understood by end-

users and market surveillance

authorities.


their name, registered trade name

or registered trade mark and the


contacted on the product or, where

that is not possible, on its





can be contacted. The contact

details shall be in a language

easily understood by end-users

and market surveillance

authorities.


the product is accompanied by

instructions and safety

information in a language which

can be easily understood by

consumers and end-users, as


that the product is accompanied

by instructions and safety



consumers and end-users, as

determined by the Member


that the product is accompanied

by instructions and safety



consumers and other end-users,

as determined by the Member

State concerned. Such



instructions and safety information

in a language which can be easily

understood by consumers and

other end-users, as determined by

the Member State concerned. Such

instructions and information, as



determined by the Member State

concerned.

State concerned. [Amendment

104]

instructions and information,

as well as any labelling, shall

be clear, understandable and

intelligible.

well as any labelling, shall be

clear, understandable and

intelligible.

253 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





necessary corrective measures

to bring that product into

conformity or to withdraw it or




accessibility, is not in

conformity with this Directive,

manufacturers shall


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 105]

8. Manufacturers who consider

or have reason to believe that a







conformity, or if appropriate

to withdraw it […].


[…] does not comply with the


requirements, manufacturers

shall immediately inform the








8. Manufacturers who consider or


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 if

appropriate to withdraw it.


does not comply with the


requirements, 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. In such

cases, manufacturers shall keep a

register of products which are

non-conforming with applicable

accessibility requirements and of

the related complaints.

254 9. Manufacturers shall, further to

a reasoned request from a

competent national authority,

9. Manufacturers shall, further

to a reasoned request from a


9. Manufacturers shall, further



9. Manufacturers shall, further to a

reasoned request from a competent

national authority, provide it with



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


Article 3.

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


and to ensure compliance with


Article 3 this Directive.

[Amendment 106]




conformity of the product, in a





necessary action taken to

eliminate the non-compliance

with the applicable


products, which they have

placed on the market, […] in

particular bringing the

products into compliance with


requirements […].

all the information and

documentation necessary to


product, in a language which can





the non-compliance with the

applicable accessibility requirements of products, which

they have placed on the market, in

particular bringing the products

into compliance with the

applicable accessibility requirements.


256 Authorised representatives Authorised representatives Authorised representatives Authorised representatives

257 1. A manufacturer may, by a

written mandate, appoint an

authorised representative. The

obligations laid down in Article

5(1) and the drawing up of

technical documentation shall not

form part of the authorised

representative’s mandate.

1. A manufacturer may, by a





technical documentation shall

not form part of the authorised

representative’s mandate.







not form part of the authorised

representative's mandate.






technical documentation shall not

form part of the authorised

representative's mandate.

258 2. An authorised representative

shall perform the tasks specified

in the mandate received from the

2. An authorised representative


in the mandate received from



in the mandate received from


shall perform the tasks specified in

the mandate received from the



manufacturer. The mandate shall

allow the authorised

representative to do at least the

following:

the manufacturer. The mandate

shall allow the authorised


following:

the manufacturer. The mandate

shall allow the authorised


following:

manufacturer. The mandate shall

allow the authorised representative

to do at least the following:

259 (aa)(new) keep the EC

declaration of conformity and

the technical documentation

at the disposal of national

surveillance authorities for 5

years;

(aa)(new) keep the EC declaration

of conformity and the technical

documentation at the disposal of

national surveillance authorities

for 5 years;

260 (a) further to a reasoned request

from a competent national

authority, provide that authority

with all the information and


demonstrate the conformity of a

product;

(a) further to a reasoned request






product; [Amendment 107]







product;







product;

261 (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 eliminate the risks

posed by ensure compliance of

products covered by their

mandate with this Directive.

[Amendment 108]

(b) co-operate with the

competent national authorities,

at their request, on any



with the applicable

accessibility requirements […] of products covered by their

mandate.

(b) co-operate with the competent

national authorities, at their


eliminate the non-compliance with


requirements of products covered

by their mandate.


263 Obligations of importers Obligations of importers Obligations of importers Obligations of importers



264 1. Importers shall place only

compliant products on the

market.

1. Importers shall place only


market.



market.


compliant products on the market.

265 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


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



Article 5(5) and (6).

[Amendment 109]

2. Before placing a product on

the market importers shall

ensure that the conformity


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





Article 5(5) and (6).

2. Before placing a product on the

market importers shall ensure that


procedure set out in Annex II has

been carried out by the

manufacturer. They shall ensure

that the manufacturer has drawn up


required by that Annex, that the

product bears the CE marking and

is accompanied by the required



the requirements set out in Article

5(5) and (6).

266 3. Where an importer considers

or has reason to believe that a

product is not in conformity with


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

3. Where an importer considers


product is not in conformity



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

3. Where an importer considers



with the applicable

accessibility requirements […],

he shall not place the product on

the market until it has been

brought into conformity.




3. Where an importer considers or

has reason to believe that a product

is not in conformity with the


requirements, he shall not place the

product on the market until it has

been brought into conformity.



applicable accessibility requirements; the importer shall



surveillance authorities to that

effect.

shall inform the manufacturer

and the market surveillance

authorities to that effect.

[Amendment 110]

requirements; the importer




inform the manufacturer and the

market surveillance authorities to

that effect.

267 4. Importers shall indicate their

name, registered trade name or

registered trade mark and the






4. Importers shall indicate their
















contact details shall be in a

language easily understood by

end-users and market






contacted on the product or, where

that is not possible, on its



contact details shall be in a

language easily understood by

end-users and market surveillance

authorities.

268 5. Importers shall ensure that the

product is accompanied by

instructions and information in a



other end-users, as determined by

the Member State concerned.

5. Importers shall ensure that





other end-users, as determined

by the Member State concerned.

[Amendment 111]

5. Importers shall ensure that





consumers and other end-users,

as determined by the Member

State concerned.

5. Importers shall ensure that the

product is accompanied by

instructions and safety information

in a language which can be easily

understood by consumers and other

end-users, as determined by the

Member State concerned.

269 6. Importers shall ensure that,

while a product is under their

responsibility, storage or

transport conditions do not

jeopardise its compliance with


referred to in Article 3.

6. Importers shall ensure that,















responsibility, storage or transport

conditions do not jeopardise its

compliance with the applicable


accordance with this Directive.



requirements set in accordance

with this Directive.

270 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 and

product recalls, and shall keep

distributors informed of such

monitoring. [Amdt 112]

7. deleted Deleted

271 7a.(new) Importers shall, for a

period of 5 years keep a copy

of the EU Declaration of

conformity at the disposal of

the market surveillance

authorities and ensure that


can be made available to those

authorities upon request.

7a.(new) Importers shall, for a

period of 5 years keep a copy of

the EU Declaration of conformity

at the disposal of the market

surveillance authorities and

ensure that the technical

documentation can be made

available to those authorities upon

request.

272 8. Importers who consider or




conformity with the requirements

referred to in Article 3 shall


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

8. Importers who consider or




conformity with the


Article 3 this Directive shall


corrective measures to bring

that product presents a risk into

conformity or to withdraw it or



is not in conformity with this

Directive, importers shall

8. Importers who consider or





[…] shall immediately take the



conformity, or […] to withdraw

it […]. Furthermore, where the

product […] does not comply

with the applicable accessibility requirements,

importers shall immediately


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.




requirements, importers shall






in which they made the product

available to that effect, giving

details, in particular, of the non-

compliance and of any corrective

measures taken.









[Amdt 113]



available to that effect, giving







corrective measures taken. In such

cases, importers shall keep a

register of products which are

non-conforming with applicable

accessibility requirements and of

the related complaints.

273 9. Importers shall, further to a

reasoned request from a





product in a language which can






they have placed on the market.

9. Importers shall, further to a






conformity of a product in a






risks posed by ensure

compliance of products which




3. [Amendment 114]







conformity of a product in a







with the applicable

accessibility requirements posed by products which they

have placed on the market.







product in a language which can be

easily understood by that authority.



action taken to eliminate the non-


accessibility requirements posed

by products which they have

placed on the market.


275 Obligations of distributors Obligations of distributors Obligations of distributors Obligations of distributors

276 1. When making a product

available on the market

1. When making a product





available on the market distributors



distributors shall act with due

care in relation to the








shall act with due care in relation

to the requirements of this

Directive.

277 2. Before making a product


distributors shall verify that the

product bears the CE marking,

that it is accompanied by the

required documents and by




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


5(5) and (6) and Article 7(4).

2. Before making a product




that it is is in conformity with

this Directive and is


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




[Amendment 115]





that it is accompanied by the

required documents and 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





available on the market distributors

shall verify that the product bears

the CE marking, that it is


documents and by instructions and

safety 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).

278 3. Where a distributor considers


product is not in conformity with


referred to in Article 3, they shall

not make the product available on

the market until it has been

brought into conformity.


presents a risk, the distributor

3. Where a distributor considers





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

3. Where a distributor considers



with […] this Directive, they

shall not make the product

available on the market until it

has been brought into


the product […] does not


3. Where a distributor considers or

has reason to believe that a product

is not in conformity with this

Directive, they shall not make the

product available on the market

until it has been brought into


the product does not comply with


requirements, the distributor shall



shall inform the manufacturer and



risk, is not in conformity with

this Directive, the distributor




[Amendment 116]

accessibility requirements, the

distributor shall inform the

manufacturer and the market

surveillance authorities to that

effect.

inform the manufacturer and the

market surveillance authorities to

that effect.

279 4. Distributors shall ensure that,






Article 3.

4. Distributors shall ensure that,






Article 3.







requirements […].



responsibility, storage or transport

conditions do not jeopardise its



280 5. Distributors who consider or


product which they have made

available on the market is not in


shall make sure that the necessary

corrective measures are taken to

bring that product into

conformity, to withdraw it or



presents a risk, distributors shall



the Member States in which they

made the product available to that

effect giving details, in particular,

5. Distributors who consider or





shall make sure that the


are taken to bring that product

into conformity or to withdraw

it or recall it, if appropriate.


presents a risk, is not in

conformity with this Directive,

distributors shall immediately




available to that effect giving







shall make sure that the


are taken to bring that product

into conformity, or if

appropriate to withdraw it

[…]. Furthermore, where the

product, does not comply with


requirements, distributors shall











shall make sure that the necessary

corrective measures are taken to

bring that product into conformity,

or if appropriate to withdraw it.

Furthermore, where the product,



requirements, distributors shall








of the non-compliance and of any




[Amendment 117]






281 6. Distributors shall, further to a






product. They shall cooperate




they have made available on the

market.

6. Distributors shall, further to a






conformity of a product. They

shall cooperate with that



risks posed by ensure

compliance of products which

they have made available on the

market with the accessibility


3. [Amendment 118]







conformity of a product. They

shall cooperate with that




with the applicable

accessibility requirements posed by products, which they

have made available on the

market.







product. They shall cooperate with

that authority, at its request, on any

action taken to eliminate the non-


accessibility requirements posed

by products, which they have made

available on the market.


283 Cases in which obligations of

manufacturers apply to

importers and distributors

Cases in which obligations of







manufacturers apply to importers

and distributors

284 An importer or distributor shall

be considered a manufacturer for

the purposes of this Directive and

he shall be subject to the

obligations of the manufacturer

under Article 5, where they place

a product on the market under his

name or trademark or modifies a

An importer or distributor shall

be considered a manufacturer

for the purposes of this

Directive and he shall be subject

to the obligations of the

manufacturer under Article 5,

where they place a product on

the market under his name or

An importer or distributor shall

be considered a manufacturer

for the purposes of this

Directive and he shall be subject

to the obligations of the

manufacturer under Article 5,

where they place a product on


An importer or distributor shall be

considered a manufacturer for the

purposes of this Directive and he

shall be subject to the obligations

of the manufacturer under Article

5, where they place a product on





product already placed on the

market in such a way that

compliance with the requirements

of this Directive may be affected.


already placed on the market in

such a way that compliance

with the requirements of this

Directive may be affected.



such a way that compliance

with the requirements of this

Directive may be affected.


such a way that compliance with

the requirements of this Directive

may be affected.


286 Identification of economic

operators

Identification of economic

operators


operators dealing with products


operators dealing with products

287 1. Economic operators shall, on

request, identify the following to


authorities:

1. Economic operators shall, on

request, identify the following

to the market surveillance

authorities:

1. Economic operators referred

to in Articles 5 to 8 shall, on

request, identify the following


authorities:

1. Economic operators referred to

in Articles 5 to 8 shall, on request,

identify to the market surveillance

authorities, the following:

288 (a) any economic operator who

has supplied them with a product;

(a) any economic operator who

has supplied them with a

product;

(a) any economic operator who

has supplied them with a

product;

(a) any other economic operator

who has supplied them with a

product;

289 (b) any economic operator to

whom they have supplied a

product.

(b) any economic operator to


product.

(b) any economic operator to


product.

(b) any other economic operator to


product.

290 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



period of 10 years certain

period, which shall be at least

five years, after they have been

supplied with the product and

for a period of 10 years or after


[Amendment 119]

2. Economic operators referred

to in Articles 5 to 8 shall be



period of 5 years after they have

been supplied with the product

and for a period of 5 years after


2. Economic operators referred to

in Articles 5 to 8 shall be able to

present the information referred to

in paragraph 1 for a period of 5

years after they have been supplied

with the product and for a period

of 5 years after they have supplied

the product.



291 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 120]

2a. The Commission is

empowered to adopt delegated acts

in accordance with Article 23a, to

amend this Directive in order to

change the period referred to in

paragraph 2 for specific products.

That amended period shall be

longer than five years and shall be

in proportion to the economically

useful life of the product

concerned.

292 CHAPTER IIIA CHAPTER IIIA

293 OBLIGATIONS OF

ECONOMIC OPERATORS

PROVIDING SERVICES

OBLIGATIONS OF

ECONOMIC OPERATORS

PROVIDING SERVICES


295 Obligations of service providers Obligations of service providers Obligations of service providers Obligations of service providers

296 1. Service providers shall ensure

that they design and provide

services in accordance with

Article 3.

1. Service providers shall ensure



Article 3.




Article 3.



services in accordance with Article

3.

297 2. Service providers shall prepare

the necessary information in

accordance with Annex III

explaining how the services meet


referred to in Article 3. The

information shall be made

available to the public in written

and oral format, including in a

2. Service providers shall

prepare the necessary

information in accordance with

Annex III explaining how the

their services meet the


referred to in Article 3. The

information shall be made


2. Service providers shall

prepare the necessary

information in accordance with

Annex III explaining how the

services meet the applicable

accessibility requirements […].

The information shall be made



2. Service providers shall prepare

the necessary information in

accordance with Annex III

explaining how the services meet


requirements. The information

shall be made available to the

public in written and oral format,

including in a manner which is



manner which is accessible to


limitations and persons with

disabilities. Service providers

shall keep the information as long

as the service is in operation.




limitations and persons with

disabilities. Service providers

shall keep the information as

long as the service is in

operation. [Amendment 121]


[…] persons with disabilities.

Service providers shall keep the

information as long as the

service is in operation.

accessible to persons with

disabilities. Service providers shall

keep the information as long as the

service is in operation.

298 3. Service providers shall ensure

that procedures are in place

guaranteeing that the continuous

provision of services remains in



Article 3. Changes in the

characteristics of the provision of

the service and changes in


referred to in Article 3 shall be

adequately taken into account by

the service providers. In case of

non-conformity, service providers

shall take the necessary

corrective measures to bring the

service in conformity with the




that procedures are in place

guaranteeing that the continuous

provision of services remains in

conformity with the


referred to in Article 3. Changes

in the characteristics of the

provision of the service and

changes in accessibility


Article 3 shall be adequately

taken into account by the

service providers. In case of

non-conformity, service

providers shall take the


to bring the service in

conformity with the



3. Without prejudice to

Article 27a(new) service

providers shall ensure that

procedures are in place […] so

that the […] provision of

services remains in conformity

with the applicable

accessibility requirements […].

Changes in the characteristics of

the provision of the service […],

changes in applicable

accessibility requirements […]

and changes in the

harmonised standards or in

technical specifications by

reference to which service is

declared to meet the

accessibility requirements shall be adequately taken into

account by the service

providers. In case of non-

conformity, service providers

shall take the necessary


3. Without prejudice to Article

27a(new) service providers shall

ensure that procedures are in place

so that the provision of services

remains in conformity with the


requirements. Changes in the

characteristics of the provision of

the service, changes in applicable





which service is declared to meet

the accessibility requirements shall be adequately taken into

account by the service providers.

In case of non-conformity, service

providers shall take the necessary


service into conformity with the


requirements.



service into conformity with the


requirements […].

299 4. Service providers shall, further


competent authority, provide it

with all information necessary to


service with the accessibility


Article 3. They shall cooperate

with those authorities, at their


bring the service in conformity

with those requirements.

4. Service providers shall,

further to a reasoned request

from a competent authority,

provide it with all information


conformity of the service with


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

122]

4. Service providers shall,

further to a reasoned request

from a competent authority,

provide it with all information


conformity of the service with


requirements […]. They shall

cooperate with those authorities,

at their request, on any action

taken to bring the service in

conformity with those

requirements. Furthermore,

where the service is not

compliant with applicable

accessibility requirements,

service providers shall



of the Member States, in

which they service is

provided, to that effect, giving

details, in particular, of the



4. Service providers shall, further


competent authority, provide it

with all information necessary to


service with the applicable

accessibility requirements. They

shall cooperate with those

authorities, at their request, on any

action taken to bring the service in

conformity with those

requirements. Furthermore, where

the service is not compliant with


requirements, service providers

shall immediately inform the


the Member States, in which they

service is provided, to that effect,




300 CHAPTER III B CHAPTER III B

301 FUNDAMENTAL

ALTERATION OF

PRODUCTS OR SERVICES

FUNDAMENTAL

ALTERATION OF PRODUCTS

OR SERVICES AND



AND DISPROPORTIONATE

BURDEN TO ECONOMIC

OPERATORS

DISPROPORTIONATE

BURDEN TO ECONOMIC

OPERATORS


303 Fundamental alteration and


Fundamental alteration and






304 1. The accessibility requirements

referred to in Article 3 apply to

the extent that they do not

introduce a significant change in

an aspect or feature of a product

or service that results in the

alteration of the basic nature of

the product or service.

1. The accessibility


Article 3 apply to the extent that

they do not introduce a

significant change in an aspect

or feature of a product or

service that results in the

alteration of the basic nature of

the product or service.

1. The accessibility


Article 3 apply to the extent that

they do not introduce a

significant change in […] a

product or service that results in

the alteration of the basic nature

of the product or service.

1. The accessibility requirements

referred to in Article 3 shall apply

only to the extent that:

a) they do not introduce a

significant change in a product or

service that results in the

fundamental alteration of its basic

nature, and

305 2. Accessibility requirements



a disproportionate burden on the

economic operators concerned.

2. Accessibility requirements





operators concerned.







b) they do not impose a


economic operators concerned.

306

3. In order to assess whether


requirements regarding products

or services imposes a


economic operators shall take

account, of the following:






economic operators shall take

account, of the following:


compliance with one or more


regarding a product or service

[…] imposes a disproportionate

burden, the economic operators

shall take account the

2. Economic operators shall carry

out an assessment whether

compliance with the accessibility

requirements referred to in Article

3 would introduce a significant

change or, based on the relevant

criteria identified in Annex IV,

62 The numbering of the paragraphs has been maintained although the order of the paragraphs has been changed.



benchmarks set out in Annex

IV. When performing and

documenting the assessment

as to whether the accessibility

requirements impose a


economic operator shall make

an overall assessment using

the relevant benchmarks

identified in Annex IV.

impose a disproportionate burden,

as provided for in paragraph 1.

307 (a) the size, resources and nature

of the economic operators;

(a) the size, resources and

nature of the economic

operators;

deleted Deleted

Covered by row 306.

308 (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



with disabilities, taking into

account the frequency and

duration of use of the specific

product or service. [Amdt 339]

deleted Deleted

Covered by row 306.

309 Economic operators shall

document the assessment

referred to in paragraph 2 and,

upon request from the

authorities responsible for

compliance of services or from


authorities, as applicable, shall

provide them with a copy of the

3c.(new) Service providers

relying on paragraph 2 of this

Article shall with regard to

each category or type of

service renew their assessment

of the disproportionate

burden at least every five

years, or when the service

offered is altered or when

3. Economic operators shall

document the assessment referred

to in paragraph 2. Upon request

from the authorities responsible

for compliance of services or from


authorities, as applicable, they

shall provide the authorities with

a copy of the assessment referred



assessment referred to in

paragraph 2. To this end,

economic operators shall keep

all relevant results for a period

of five years after the last

making available of a product

on the market or five years

after a service was last

provided.

requested by a national

surveillance authority.

to in paragraph 2. Economic

operators shall keep all relevant

results for a period of five years to

be calculated from the last

making available of a product on

the market or after a service was

last provided; as applicable.

3a. By way of derogation from

paragraph 3, microenterprises

shall be exempted from the

requirement to document their

assessment. However, if a market

surveillance authority so requests,

microenterprises that

manufacture, import or distribute

products, which have chosen to

rely on paragraph 1 shall provide

the authority with the facts

relevant to the assessment under

paragraph 2.

4. Service providers relying on

point (b) of paragraph 1 shall,

with regard to each category or

type of service, renew their

assessment of whether the burden

is disproportionate at least every

five years,

a) when the service offered is

altered or



b) when requested by the


compliance of services.

310 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 123]

4. Economic operators whose

burden related to accessibility is compensated by funding

specifically assigned for

ensuring accessibility from

sources other than the economic

operator's own resources,

whether public or private,

cannot claim that applying the


referred to in Article 3 would




5. Where economic operators

receive funding from other sources

than the economic operator’s own

resources, whether public or

private, that is provided for the

purpose of improving

accessibility, they shall not be

entitled to rely on point (b) of

paragraph 1.

311 5. The assessment of whether




fundamental alteration or

disproportionate burden shall be

performed by the economic

operator.

5. The initial assessment of



regarding products or services

imposes a fundamental

alteration or disproportionate

burden shall be performed by

the economic operator.

[Amendment 124]

5. The assessment of whether




fundamental alteration or


performed and documented by

the economic operator.

Member States shall require

economic operators to carry

out that assessment before

they make use of the exception

provided for in paragraphs 1

and 2 for a specific product or

service.

Covered in row 309.



312

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


Directive when assessing

whether the burden is to be

considered to be

disproportionate, without

modifying those criteria.

5a. The Commission is


in accordance with Article 23a to

supplement Annex IV by further

detailling the relevant criteria that

are to be taken into account by the

economic operator for the


paragraph 2. When further

specifying those criteria, the

Commission shall take into

account not only the potential

benefits for persons with

disabilities, but also those for


limitations.

When necessary, the Commission

shall adopt the first such

delegated act by [one year after

the date of entry into force of this

Directive]. Such act shall start to

apply, at the earliest, on the date

of application of this Directive

referred to in Article 27(2.

313 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.

Moved in row 312



314 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 125]

Covered in row 312.

315

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


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


Notification shall include The


paragraph 3 shall be submitted


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 126]

6. Where economic operators

have used the exception

provided for in paragraphs 1

and 2 for a specific product or

service they shall […], upon

the request from a competent

national authority, provide

the assessment referred to in

paragraph 5. To this end, they

shall keep all relevant

documentation for a period of

5 years after last making

available of a product on the

Union market or for a period

of 5 years after a service was

provided.

6. Where economic operators rely

on paragraph 1 for a specific

product or service they shall send

information to that effect to the

relevant market surveillance or

services authority of the Member

State of which the specific product

is placed on the market or the

specific service is provided.



316 As a derogation from the first

subparagraph, where

microenterprises use the


paragraphs 1 and 2 for a

specific product, they do not

need to establish written

evidence of the assessment

referred to in paragraph 3

unless so requested by a

competent national authority.

Upon such a request within

the time period referred to in

the first subparagraph, they

shall provide the competent

authority with the facts on the

basis of which it was decided

that compliance with


regarding certain products

would entail a fundamental

alteration or impose a


New subparagraph under

paragraph 6: “The first

subparagraph shall not apply to

microenterprises.”

317 6a. The Commission shall


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

Covered by row 315.



Commission shall adopt the

first such implementing act by

... [two years after the date of

entry into force of this

Directive].[Amdt 127]

318 6b. A structured dialogue shall

be established between relevant

stakeholders, including persons

with disabilities and their

representative organisations,


authorities to ensure that

adequate principles for the

assessment of the exceptions

are established in order to

ensure that they are coherent.

[Amendment 128]

Covered by compromise text on

Article 20b (new), row 408

319 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 129]

Covered in row 316



320 7.(new) Where,

following the assessment

referred to in paragraph 3, it

is concluded that it would


burden on the service

provider using self-service

terminals to ensure that all

such terminals fulfil the


Article 3, it shall also be

assessed whether accessibility

of the service can be ensured

in a manner that is not

disproportionate by making

available a more limited

number of accessible self-

service terminals.

This paragraph is replaced with

revised recitals (37a)(new) and

(37c)(new) (see row 88 and 90).

321 CHAPTER IV CHAPTER IV CHAPTER IV CHAPTER IV

322 HARMONISED STANDARDS,

COMMON TECHNICAL

SPECIFICATIONS AND

CONFORMITY OF

PRODUCTS AND SERVICES

Arts 13-14 (products and

services);

Arts 15-16 dealing products.

Harmonised Standards,

common technical

specifications and conformity of

products and services

[Amendment 130]

Arts 13-17new

(Arts 14 and 16 deleted;

Art 17new added)

HARMONISED

STANDARDS AND

COMMON TECHNICAL

SPECIFICATIONS […] OF

PRODUCTS AND

SERVICES

Arts 13 and 14

(apply to both products and

services)

HARMONISED STANDARDS

AND TECHNICAL

SPECIFICATIONS […] OF

PRODUCTS AND SERVICES


324 Presumption of conformity Presumption of conformity Presumption of conformity Presumption of conformity



325 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


requirements covered by those

standards or parts thereof,


1. Products and services which

are in conformity with 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



requirements, referred to in

Article 3, that are covered by

those standards or parts thereof,


[Amendment 131]

1. Products and services which

are in conformity with

harmonised standards or parts

thereof the references of which

have been published in the

Official Journal of the

European Union, shall be



requirements covered by those

standards or parts thereof,


1. Products and services which are in

conformity with harmonised

standards or parts thereof the


published in the Official Journal of

the European Union, shall be

presumed to be in conformity with


referred to in Article 3 in so far as

those standards or parts thereof cover

those requirements.

326 1a. The Commission shall, in

accordance with Article 10 of

Regulation (EU) No

1025/2012, request one or more


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].[Amdt 132]

2. The Commission shall, in


Regulation (EU) No 1025/2012,

request one or more European


draft harmonised standards for the


products set out in Article 3. The

Commission shall submit the first

such draft request to the relevant

committee by... [two years after the

date of entry into force of this

Directive].

327 1b. The Commission may adopt


technical specifications that

3.The Commission may adopt


technical specifications that meet



meet the accessibility


3. However, it shall only do so

if the following conditions are

met:


out in Annex I where the following

conditions have been fulfilled:

328 (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;

(a) no reference to harmonised

standards is published in the

Official Journal of the European

Union in accordance with

Regulation (EU) No 1025/2012; and

(b) either:

329 (b) the Commission has

adopted a request referred to in

paragraph 2 of this Article;

and

(i) the Commission has

requested one or more European


draft a harmonised standard and

there are undue delays in the

standardisation procedure or the

request has not been accepted by

any European standardisation

organisations;

or

(ii) the Commission can

demonstrate that a technical

specification respects the

requirements laid down in Annex II

of Regulation (EU) No 1025/2012,

except for the requirement that the

technical specifications should have

been developed by a non-profit

making organisation.



330 (c) the Commission notes

undue delays in the

standardisation procedure.

Covered in row 329

331 Before adopting implementing

acts referred to in the first

subparagraph, the Commission

shall consult the relevant

stakeholders, including



332 Those implementing acts shall


the examination procedure

referred to in Article 24(2) of

this Directive. [Amendment

133]

Those implementing acts shall be

adopted in accordance with the

examination procedure referred to

in Article 24(2).

333 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


out in Article 3 that are covered

by those technical

4. Products and services which are

in conformity with the technical

specifications or parts thereof shall

be presumed to be in conformity


referred to in Article 3 in so far as

those technical specifications or

parts thereof cover those

requirements.

Also, a new paragraph to be added

at the end of Article 3:

4c. The Commission is




specifications or parts thereof.

[Amendment 134]

in accordance with Article 23a to

supplement Annex I by further

specifying the accessibility

requirements that, by their very

nature, cannot produce their

intended effect unless they are

further specified in binding legal

acts of the Union, such as

requirements related to

interoperability.

334 Article 14 Deleted [Amendment 135] Article 14 Deleted

335 Common technical

specifications

deleted Common technical

specifications

Deleted

336 1. Where no reference to

harmonised standards has been


of the European Union in


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


common technical specifications

('CTS') for the accessibility


to this Directive. Those

implementing acts shall be

deleted 1. Where no reference to

harmonised standards has been


of the European Union in


(EU) No 1025/2012, and where

further detail for the


certain products and services

would be needed for

harmonisation of the market, the

Commission may adopt


common technical

specifications ('CTS') for the


out in Annex I to this Directive.

Deleted





in Article 24(2) of this Directive.

Those implementing acts shall


the examination procedure

referred to in Article 24(2) of

this Directive.

337 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



Article 3, covered by those CTS

or parts thereof.

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


referred to in Article 3, covered

by those CTS or parts thereof.

Deleted

338 CHAPTER IVA CHAPTER IVA

339 CONFORMITY OF

PRODUCTS AND CE

MARKING

Chapter IV A created for

product related Arts 15-16a.

CONFORMITY OF

PRODUCTS AND CE

MARKING


341 EU declaration of conformity of

products


of products

EU declaration of conformity of

products

EU declaration of conformity of

products

342 1. The EU declaration of

conformity shall state that the

fulfilment of the relevant


referred to in Article 3 has been

demonstrated. Where the

exception provided for in Article

12 has been used, the EU

declaration of conformity shall

1. The EU declaration of







Article 12 has been used, the









Article 12 has been used, the





accessibility requirements referred

to in Article 3 has been

demonstrated. Where the exception

provided for in Article 12 has been

used, the EU declaration of

conformity shall state which



state which accessibility

requirements are subject to that

exception.

shall state which accessibility


exception.

shall state which accessibility


exception.

accessibility requirements are

subject to that exception.

343 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


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.








continuously updated. The



avoid imposing any

disproportionate burden for

micro, small and medium-sized




the market of which the product

is placed or made available.

[Amendment 136]








continuously updated. […] It

shall be translated into the

language or languages required

by the Member State in the

market of which the product is





Decision No 768/2008/EC. It shall

contain the elements specified in

Annex II to this Directive and shall

be continuously updated. The



avoid imposing any

disproportionate burden for micro,

small and medium-sized




the market of which the product is


344 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



conformity, a single the EU


be drawn up in respect of all

such Union acts. That

declaration shall contain the

identification of the acts

concerned including the




conformity, a single EU


be drawn up in respect of all

such Union acts. That


identification of the acts


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


identification of the acts concerned

including the publication

references.




[Amendment 137]

concerned including the


345 4. By drawing up the EU

declaration of conformity, the

manufacturer shall assume

responsibility for the compliance

of the product.

4. By drawing up the EU



responsibility for the

compliance of the product.




responsibility for the

compliance of the product with

the requirements laid down in

this Directive.




responsibility for the compliance

of the product with the


Directive.

346 4a. In addition to the EU


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 138]

Cf. recital 44 where an EP

amendment on the same subject.

(15/10/2018) See Annex rows

C.AI.2, C.AI.9, C.AI.16-18,

C.AI.44-45 on agreed text (to

replace this row).

347 Article 16 deleted [Amendment 139] Article 16 Article 16

348 General principles of the CE

marking of products

deleted General principles of the CE

marking of products

General principles of the CE

marking of products

349 The CE marking shall be subject

to the general principles set out in

Article 30 of Regulation (EC) No

765/2008.

deleted The CE marking shall be

subject to the general principles

set out in Article 30 of


The CE marking shall be subject to

the general principles set out in


765/2008.


351 Rules and conditions for

affixing the CE marking

Rules and conditions for affixing

the CE marking



352 1. The CE marking shall be

affixed visibly, legibly and

indelibly to the product or to

its data plate. Where that is

not possible or not warranted

on account of the nature of the

product, it shall be affixed to

the packaging and to the

accompanying documents.

1. The CE marking shall be

affixed visibly, legibly and

indelibly to the product or to its

data plate. Where that is not

possible or not warranted on

account of the nature of the

product, it shall be affixed to the

packaging and to the

accompanying documents.

353 2. The CE marking shall be

affixed before the product is


2. The CE marking shall be

affixed before the product is


354 3. Member States shall build

upon existing mechanisms to

ensure correct application of

the regime governing the CE

marking and shall take

appropriate action in the

event of improper use of that

marking.

3. Member States shall build upon

existing mechanisms to ensure

correct application of the regime

governing the CE marking and

shall take appropriate action in

the event of improper use of that

marking.

355 Article 17 new

National database

This point not taken over but

registers (rows 249, 270) and

complaint mechanism (rows 460-

463) are kept.

356 Each Member State shall

establish a publicly accessible

database to register non-

accessible products.

Consumers shall be able to

Cf row 108, amdt 50.



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 140]

357 CHAPTER V CHAPTER V CHAPTER V CHAPTER V

358 MARKET SURVEILLANCE,

COMPLIANCE AND UNION

SAFEGUARD PROCEDURE

The surveillance of products

(Arts 17, 19 and 20) ; Art 18 on

services.

MARKET SURVEILLANCE,

COMPLIANCE AND UNION

SAFEGUARD PROCEDURE


(Arts 17, 19, 20 and 20a(new);

Art 18 on services.

MARKET SURVEILLANCE

OF PRODUCTS AND

UNION SAFEGUARD

PROCEDURE


(Arts 17, 19, 20 and 20a(new).

MARKET SURVEILLANCE

OF PRODUCTS AND UNION

SAFEGUARD PROCEDURE


360 Market surveillance of products Market surveillance of

products

Market surveillance of products Market surveillance of products

361 1. Article 15(3) and 16 to 29 of


shall apply to products.

1. Article 15(3) and 16 to 29 of


shall apply to products.

1. Articles 15(3) and 16 to 19,

21, 23 to 28 and 29 (2) and (3)

of Regulation (EC) No

1. Articles 15(3) and 16 to 19, 21,

23 to 28 and 29(2) and (3) of



765/2008 shall apply to

products.

Regulation (EC) No 765/2008 shall

apply to products.

362

2. When carrying out market

surveillance of products market

surveillance authorities shall

review the assessment referred to

in Article 12.


surveillance of products market


review the assessment referred

to in Article 12.


surveillance of products the

relevant market surveillance

authorities shall, when the

economic operator has used

the exception provided for in

Article 12 of this Directive

and where necessary and

appropriate, check that the


Article 12 has been conducted

by the economic operator,

review that assessment and its

results, including the correct

use of the benchmarks set out

in Annex IV, and control

compliance with the


requirements.


surveillance of products, the

relevant market surveillance

authorities shall, when the

economic operator has relied on

Article 12 of this Directive:

- check that the assessment


conducted by the economic

operator,

- review that assessment and its

results, including the correct use

of the criteria set out in Annex IV,

and

- control compliance with the


requirements.


that information held by market

surveillance authorities

concerning the compliance of

economic operators with the



and the assessment of the

exceptions provided for in Article








and the assessment of the

exceptions provided for in







requirements […] and the


provided for in Article 12, is


information held by market

surveillance authorities concerning

the compliance of economic

operators with the applicable


in Article 3 and the assessment

provided for in Article 12, is made

available to consumers upon



12, is made available to

consumers upon request and in an

accessible format, except where

that information cannot be

provided for reasons of

confidentiality as provided for in

Article 19(5) of Regulation (EC)

No 765/2008.

Article 12, is made available to

consumers upon request and in

an accessible format, except

where that information cannot

be provided for reasons of

confidentiality as provided for

in Article 19(5) of Regulation

(EC) No 765/2008.

made available to consumers

upon request and in an

accessible format, except where

that information cannot be

provided for reasons of

confidentiality as provided for

in Article 19(5) of Regulation

(EC) No 765/2008.

request and in an accessible

format, except where that

information cannot be provided for

reasons of confidentiality as

provided for in Article 19(5) of


364 CHAPTER V A CHAPTER V A

365 COMPLIANCE OF

SERVICES

Only Art 18 on services

COMPLIANCE OF SERVICES


367 Compliance of services Compliance of services Compliance of services Compliance of services

368 1. Member States shall establish,

implement and periodically

update adequate procedures in

order to:

1. Member States shall

establish, implement and

periodically update adequate

procedures in order to:


establish, implement and

periodically update adequate

procedures in order to:

1. Member States shall establish,

implement and periodically update

adequate procedures in order to:

369 (a) check the compliance of

services listed in Article 1(2) with

the requirements set out in this

Directive and the assessment of

the exceptions provided for in

Article 12;

(a) check the compliance of

services listed in Article 1(2)


this Directive and the


provided for in Article 12;


services listed in Article 1(2)


this Directive, including the


provided for in Article 12 for

which Article 17(2) shall apply

mutatis mutandis;


services listed in Article 1(2) with

the requirements set out in this

Directive, including the


provided for in Article 12 for

which Article 17(2) shall apply

mutatis mutandis;

370 (b) follow up complaints or

reports on issues relating to non-

compliance of services referred to

(b) follow up complaints or

reports on issues relating to

non-compliance of services

(b) follow up complaints or

reports on issues relating to

non-compliance of services

(b) follow up complaints or reports

on issues relating to non-

compliance of services referred to



in Article 1(2) with the


in Article 3;

referred to in Article 1(2) with


set out in Article 3;

referred to in Article 1(2) with


set out in Article 3;

in Article 1(2) with the


in Article 3;

371 (c) verify that the economic

operator has taken the necessary

corrective action.

(c) verify that the economic


corrective action.



corrective action.



corrective action.

372 2. Member States shall designate


authorities responsible for the

implementation of the procedures

referred to in paragraph 1.


designate the market


responsible for the

implementation of the

procedures referred to in

paragraph 1.


designate the compliance of

services authorities responsible

for the implementation of the

procedures referred to in

paragraph 1.

2. Member States shall designate

the authorities responsible for the

implementation of the procedures

referred to in paragraph 1 with

respect to the compliance of

services.

373 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



identity of the authorities

referred to in the first

subparagraph. Those authorities

shall make available the

information available 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 141]




identity of the authorities

referred to in the first


shall make this information

available in accessible formats

upon request.



existence, responsibilities identity,

work and decisions of the

authorities referred to in the first


shall make this information

available in accessible formats

upon request.


375 Procedure for dealing with

products presenting a risk

Procedure for dealing with

products presenting a risk

Procedure at national level for

dealing with products not

Procedure at national level for

dealing with products not



related to accessibility at

national level

related to accessibility at

national level

complying with the applicable accessibility requirements

complying with the applicable accessibility requirements

376 1. Where the market surveillance

authorities of one Member State

have taken action pursuant to


765/2008, or where they have

sufficient reason to believe that a

product covered by this Directive


accessibility aspects covered by

this Directive, they shall carry out

an evaluation in relation to the

product concerned covering all

the requirements laid down in this

Directive. The relevant economic

operators shall fully cooperate

with the market surveillance

authorities.

Where the market surveillance


have taken action pursuant to

Article 20 of Regulation (EC)

No 765/2008, or where they

have sufficient reason to believe

that a product covered by this

Directive presents a risk related

to accessibility aspects covered

by is not in conformity with this

Directive, they shall carry out


product concerned covering all

the relevant requirements laid

down in this Directive. The

relevant economic operators

shall fully cooperate with the

market surveillance authorities.

[Amendment 142]

1. Where the market

surveillance authorities of one

Member State […] have

sufficient reason to believe that

a product covered by this

Directive does not comply with


requirements […], they shall

carry out an evaluation in

relation to the product

concerned covering all the

applicable accessibility requirements laid down in this

Directive. The relevant

economic operators shall fully

cooperate with the market

surveillance authorities for that

purpose.

1. Where the market surveillance


have sufficient reason to believe

that a product covered by this

Directive does not comply with the


requirements, they shall carry out


product concerned covering all the

applicable accessibility requirements laid down in this

Directive. The relevant economic

operators shall fully cooperate with

the market surveillance authorities

for that purpose.

377 Where, in the course of that

evaluation, the market

surveillance authorities find that

the product does not comply with

the requirements laid down in this

Directive, they shall without

delay require the relevant

economic operator to take all

appropriate corrective action to

bring the product into compliance

with those requirements, to

Where, in the course of that



the product does not comply

with the requirements laid down

in this Directive, they shall

without delay require the

relevant economic operator to

take all appropriate corrective

action to bring the product

concerned into compliance with




the product does not comply

with the requirements laid down

in this Directive, they shall

without delay require the


take all appropriate corrective

action to bring the product into

compliance with those


evaluation, the market surveillance

authorities find that the product



Directive, they shall without delay

require the relevant economic

operator to take all appropriate

corrective action to bring the

product into compliance with those

requirements within a reasonable



withdraw the product from the

market, or to recall it within a

reasonable period, commensurate

with the nature of the risk, as they

may prescribe.

those requirements. If the

relevant economic operator

fails to take any adequate

corrective action, the market


require that economic operator

to withdraw the product from

the market, or to recall it within

a reasonable period,

commensurate with the nature

of the risk, as they may

prescribe. [Amendment 143]

requirements […] within a

reasonable period […],

commensurate with the nature

of the non-compliance, as they

may prescribe.

period, commensurate with the

nature of the non-compliance, as

they may prescribe.

377a Market surveillance

authorities shall require the


withdraw the product from

the market, within an

additional reasonable period,

only if the relevant economic

operator has failed to take

adequate corrective action

within the period referred to

in the second subparagraph.

Market surveillance authorities

shall require the relevant

economic operator to withdraw

the product from the market,

within an additional reasonable

period, only if the relevant

economic operator has failed to

take adequate corrective action

within the period referred to in the

second subparagraph.

378 Article 21 of Regulation (EC) No

765/2008 shall apply to the

measures referred to in the



No 765/2008 shall apply to the




No 765/2008 shall apply to the


second and third

subparagraphs.


765/2008 shall apply to the

measures referred to in the second

and third subparagraphs.

379 2. Where the market surveillance

authorities consider that non-

compliance is not restricted to

their national territory, they shall

2. Where the market

surveillance authorities consider

that non-compliance is not

restricted to their national

2. Where the market

surveillance authorities consider

that non-compliance is not

restricted to their national

2. Where the market surveillance

authorities consider that non-

compliance is not restricted to their

national territory, they shall inform



inform the Commission and the

other Member States of the

results of the evaluation and of

the actions which they have

required the economic operator to

take.

territory, they shall inform the

Commission and the other

Member States of the results of

the evaluation and of the actions

which they have required the

economic operator to take.

territory, they shall inform the


Member States of the results of

the evaluation and of the actions

which they have required the

economic operator to take.

the Commission and the other

Member States of the results of the

evaluation and of the actions which

they have required the economic

operator to take.

380 3. The economic operator shall

ensure that all appropriate

corrective action is taken in

respect of all the products

concerned that it has made


throughout the Union.

3. The economic operator shall
















corrective action is taken in respect

of all the products concerned that it

has made available on the market


381 4. Where the relevant economic

operator does not take adequate

corrective action within the

period referred to in the second

subparagraph of paragraph 1, the


shall take all appropriate

provisional measures to prohibit

or restrict products being made

available on their national

markets, to withdraw the product

from that market or to recall it.

The market surveillance

authorities shall inform the


Member States, without delay, of

those measures.

4. Where the relevant economic



period referred to in the second

subparagraph of paragraph 1,


authorities shall take all

appropriate provisional

measures to prohibit or restrict

products being made available

on their national markets or to

withdraw the product from that

market or to recall it. The


shall inform the Commission

and the other Member States,

without delay, of those

measures. [Amendment 144]




period referred to in the third

subparagraph of paragraph 1,


authorities shall take all

appropriate provisional

measures to prohibit or restrict

products being made available

on their national markets or to

withdraw the product from that

market […]. The market



other Member States, without

delay, of those measures.



corrective action within the period

referred to in the third

subparagraph of paragraph 1, the


shall take all appropriate

provisional measures to prohibit or

restrict products being made

available on their national markets

or to withdraw the product from

that market. The market



other Member States, without

delay, of those measures.



382 5. The information referred to in

paragraph 4 shall include all

available details, in particular the

data necessary for the

identification of the non-

compliant product, the origin of

the product, the nature of the

alleged non-compliance and the

risk involved, the nature and

duration of the national measures

taken and the arguments put

forward by the relevant economic

operator. In particular, the market


indicate whether the non-

compliance is due to any of the

following:

5. The information referred to in


available details, in particular

the data necessary for the





risk involved, the nature and

duration of the national

measures taken and the

arguments put forward by the

relevant economic operator. In

particular, the market




following: [Amendment 145]



available details, in particular

the data necessary for the





[…] accessibility requirements

which the product does not

comply with, the nature and

duration of the national

measures taken and the

arguments put forward by the

relevant economic operator. In

particular, the market




following:



available details, in particular the

data necessary for the

identification of the non-compliant

product, the origin of the product,

the nature of the alleged non-

compliance and the accessibility

requirements which the product

does not comply with, the nature

and duration of the national

measures taken and the arguments

put forward by the relevant

economic operator. In particular,

the market surveillance authorities

shall indicate whether the non-


following:

383 (a) the failure of the product to

meet requirements relating to

those set out in Article 3 of this

Directive, or

(a) the failure of the product to

meet relevant requirements

relating to those set out in

Article 3 of this Directive, or

[Amendment 146]


meet the applicable

accessibility requirements […],

or


meet the applicable accessibility

requirements, or

384 (b) the shortcomings in the

harmonised standards referred to

in Article 13 conferring a

presumption of conformity.

(b) the shortcomings in the


to in Article 13 conferring a




to in Article 13 or the

shortcomings in the common

technical specifications

referred to in Article 14


harmonised standards or in the

technical specifications referred to

in Article 13 conferring a




conferring a presumption of

conformity. Technical adaptation to Article 13.

385 6. Member States other than the

Member State initiating the

procedure shall without delay


other Member States of any

measures adopted and of any

additional information at their

disposal relating to the non-

compliance of the product

concerned, and, in the event of

disagreement with the notified

national measure, of their

objections.

6. Member States other than the












objections.













objections.













objections.

386 7. Where, within three months of

receipt of the information

referred to in paragraph 4, no

objection has been raised by

either a Member State or the

Commission in respect of a

provisional measure taken by a

Member State, that measure shall

be deemed justified.

7. Where, within three months

of receipt of the information






Member State, that measure

shall be deemed justified.

7. Where, within three months

of receipt of the information






Member State, that measure

shall be deemed justified.

7. Where, within three months of

receipt of the information referred

to in paragraph 4, no objection has

been raised by either a Member

State or the Commission in respect

of a provisional measure taken by a

Member State, that measure shall

be deemed justified.


that appropriate restrictive

measures are taken in respect of

the product concerned, such as

withdrawal of the product from

their market, without delay.


that appropriate and

proportionate restrictive





that appropriate restrictive






appropriate restrictive measures

are taken in respect of the product

concerned, such as withdrawal of

the product from their market,

without delay.




[Amendment 147]


389 Union safeguard procedure Union safeguard procedure Union safeguard procedure Union safeguard procedure

390 1. Where, on completion of the

procedure set out in Article 19(3)

and (4), objections are raised

against a measure taken by a

Member State, or where the

Commission considers a national

measure to be contrary to Union

legislation, the Commission shall

without delay enter into

consultation with the Member

States and the relevant economic

operator or operators and shall

evaluate the national measure. On

the basis of the results of that

evaluation, the Commission shall

decide whether the national

measure is justified or not.

Where, on completion of the

procedure set out in Article

19(3) and (4), objections are

raised against a measure taken

by a Member State, or where

the Commission considers has

reasonable evidence to suggest

that a national measure to be is

contrary to Union legislation,

the Commission shall without

delay enter into consultation

with the Member States and the

relevant economic operator or

operators and shall evaluate the

national measure. On the basis

of the results of that evaluation,

the Commission shall decide

whether the national measure is

justified or not. [Amendment

148]

1. Where on completion of the

procedure set out in Article

19(3) and (4), objections are

raised against a measure taken

by a Member State, or where

the Commission considers a

national measure to be contrary

to Union legislation, the

Commission shall without delay

enter into consultation with the

Member States and the relevant

economic operator or operators

and shall evaluate the national

measure. On the basis of the

results of that evaluation, the

Commission shall decide

whether the national measure is

justified or not.

1. Where, on completion of the

procedure set out in Article 19(3)

and (4), objections are raised

against a measure taken by a

Member State, or where the

Commission has reasonable

evidence to suggest that a national

measure is contrary to Union

legislation, the Commission shall

without delay enter into

consultation with the Member

States and the relevant economic

operator or operators and shall

evaluate the national measure. On

the basis of the results of that

evaluation, the Commission shall

decide whether the national

measure is justified or not.

391 The Commission shall address its

decision to all Member States and

shall immediately communicate it

to them and the relevant

economic operator or operators.

The Commission shall address

its decision to all Member

States and shall immediately

communicate it to them and the


operators.

The Commission shall address

its decision to all Member

States and shall immediately

communicate it to them and the


operators.

The Commission shall address its

decision to all Member States and

shall immediately communicate it

to them and the relevant economic

operator or operators.



392 2. If the national measure is

considered justified, all Member

States shall take the measures

necessary to ensure that the non-

compliant product is withdrawn

from their market, and shall

inform the Commission

accordingly. If the national

measure is considered unjustified,

the Member State concerned shall

withdraw the measure.

2. If the national measure is



necessary to ensure that the

non-compliant product is

withdrawn from their market,

and shall inform the

Commission accordingly. If the

national measure is considered

unjustified, the Member State

concerned shall withdraw the

measure.




necessary to ensure that the

non-compliant product is

withdrawn from their market,

and shall inform the

Commission accordingly. If the




measure.




necessary to ensure that the non-

compliant product is withdrawn

from their market, and shall inform

the Commission accordingly. If the




measure.

393 3. Where the national measure is

considered justified and the

noncompliance of the product is

attributed to shortcomings in the

harmonised standards referred to

in Article 19(5)(b), the

Commission shall apply the

procedure provided for in Article

11 of Regulation (EU) No

1025/2012.

3. Where the national measure

is considered justified and the




to in Article 19(5)(b), the


procedure provided for in

Article 11 of Regulation (EU)

No 1025/2012.

3. Where the national measure

is considered justified and the




to in Article 19(5)(b), the


procedure provided for in

Article 11 of Regulation (EU)

No 1025/2012.

3. Where the national measure is

considered justified and the



harmonised standards referred to in

Article 19(5)(b), the Commission

shall apply the procedure provided

for in Article 11 of Regulation

(EU) No 1025/2012.

394 4.(new) Where the national

measure is considered

justified and the non-

compliance of the product is

attributed to shortcomings in

the common specifications

referred to in article 19

paragraph 5 point b, the

Commission shall, without

delay, adopt an implementing

4.(new) Where the national

measure is considered justified

and the non-compliance of the

product is attributed to

shortcomings in the technical

specifications referred to in article

19 paragraph 5 point b, the

Commission shall, without delay,

adopt an implementing act

amending or repealing the



act amending or repealing the

common specification

concerned. The implementing

act shall be adopted in

accordance with the

examination procedure

referred to in Article 24(2).

common specification concerned.

The implementing act shall be



in Article 24(2).

395 Article 20A new Article 20a new

396 Formal non-compliance Formal non-compliance

397 1. Without prejudice to

Article 19, where a Member

State makes one of the

following findings, it shall


operator to put an end to the

non-compliance concerned:

1. Without prejudice to Article 19,

where a Member State makes one

of the following findings, it shall


operator to put an end to the non-

compliance concerned:

398 (a) the CE marking has been

affixed in violation of Article

30 of Regulation (EC) No

765/2008 or of Article

16a(new) of this Directive;

(a) the CE marking has been

affixed in violation of Article 30

of Regulation (EC) No 765/2008

or of Article 16a(new) of this

Directive;

399 (b) the CE marking has not

been affixed;

(b) the CE marking has not been

affixed;

400 (c) the EU declaration of

conformity has not been

drawn up;

(c) the EU declaration of

conformity has not been drawn

up;

401 (d) the EU declaration of

conformity has not been

drawn up correctly;

(d) the EU declaration of

conformity has not been drawn up

correctly;



402 (e) technical documentation is

either not available or not

complete.

(e) technical documentation is

either not available or not

complete.

403 (f) the information referred to

in Article 5(6) or Article 7(4)

is absent, false or incomplete;

(f) the information referred to in

Article 5(6) or Article 7(4) is

absent, false or incomplete;

404 (g) any other administrative

requirement provided for in

Article 5 or Article 7 is not

fulfilled.

(g) any other administrative

requirement provided for in

Article 5 or Article 7 is not

fulfilled.

405 2. Where the non-compliance


persists, the Member State

concerned shall take all

appropriate measures to

restrict or prohibit the

product being made available

on the market or ensure that

it is withdrawn from the

market.

2. Where the non-compliance


persists, the Member State

concerned shall take all

appropriate measures to restrict or

prohibit the product being made

available on the market or ensure

that it is withdrawn from the

market.

406 Article 20a Article 20b

407 Working Group Working Group

408 1. The Commission shall

establish a working group.

“The Commission shall establish

a working group consisting of

representatives of national market

surveillance authorities,


compliance of services and

relevant stakeholders, including



representatives of persons with

disabilities organisations.

The working group shall:

- Facilitate the exchange of

information and best practices

among the authorities and

relevant stakeholders;

- Foster cooperation between

authorities and relevant

stakeholders on matters relating

to the implementation of this

Directive to improve coherence in

the application of the accessibility


and to monitor closely the

implementation of article 12, and

- Provide advice, in particular to

the Commission, notably on the

implementation of articles 3 and

12.”

409 That working group shall

consist of the representatives of

the national market

surveillance authorities and the

relevant stakeholders,


disabilities and their

representative organisations.

Rows 409-413 covered by row 408.

410 2. The working group shall

perform the following tasks:



411 (a) facilitating the exchange of

information and best practices

among the market surveillance

authorities;

412 (b) ensuring coherence in the

application of the accessibility


3;

413 (c) expressing an opinion on

exceptions from the


out in Article 3 in cases that

are considered to be necessary,

after receiving the Commission

request. [Amdt 149]

414 CHAPTER VI CHAPTER VI CHAPTER VI CHAPTER VI

415 ACCESSIBILITY

REQUIREMENTS IN OTHER

UNION LEGISLATION

ACCESSIBILITY

REQUIREMENTS IN

OTHER UNION

LEGISLATION

ACCESSIBILITY

REQUIREMENTS IN

OTHER UNION

LEGISLATION

ACCESSIBILITY

REQUIREMENTS IN OTHER

UNION LEGISLATION


417 Applicability of accessibility

requirements to other Union acts

Applicability of accessibility

requirements to other Union

acts

Applicability of accessibility

requirements to other Union

acts

Accessibility under other Union

acts

418 The Accessibility requirements

set out in Section IX of Annex I

shall apply:

The Accessibility requirements

set out in Section IX of Annex I

shall apply:

deleted 1. As regards the products and

services referred to in Article 1,

the accessibility requirements laid

down in Annex I shall constitute

mandatory accessibility



requirements within the meaning

of Article 42(1) of Directive

2014/24/EU and Article 60(1) of

Directive 2014/25/EU.

2. Any product or service, whose

features, elements or functions


requirements laid down in Annex

I of this Directive in accordance

with Section IVb (new) of Annex I

shall be presumed to fulfil the

relevant obligations set out in

Union acts other than this

Directive, as regards accessibility,

for those features, elements or

functions unless otherwise

provided therein.

Also Section IVb (new) in Annex I

and recitals are added (row 69)

419 (a) When establishing the

technical specifications and

award criteria related to all public

contracts and concessions the

object of which is intended for

use by persons, whether general

public or staff of the contracting

authority or contracting entity,

(a) When establishing the

technical specifications and

award criteria related to all

public contracts and

concessions the object of which

is intended for use by persons,

whether general public or staff

of the contracting authority or

deleted Deleted

See row 418



which are subject to Directive

2014/23/EU,63 Directive

2014/24/EU64 and Directive

2014/25/EU.65

contracting entity, which are

subject to Directive

2014/23/EU,60 Directive

2014/24/EU61 and Directive

2014/25/EU.62

420 (b) When establishing the


referred to in the preparation and


under Regulation (EC) No

1303/2013 on the European

Regional Development Fund, the

European Social Fund, the

Cohesion Fund and the European

Agricultural Fund for Rural

Development and the European

Maritime and Fisheries Fund and


on the European Social Fund;

(b) When establishing the


referred to in the preparation

and implementation of

programmes under Regulation

(EC) No 1303/2013 on the

European Regional

Development Fund, the

European Social Fund, the

Cohesion Fund and the

European Agricultural Fund for

Rural Development and the

European Maritime and

Fisheries Fund and Regulation

(EU) No 1304/2013 on the

European Social Fund;

deleted Deleted

See row 418

421 (c) When establishing the

accessibility requirements related

to social and quality criteria

established by competent

authorities in tender procedures

for public passenger transport


See row 418

63 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. 64 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. 65 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport

and postal services sectors.



services by rail and by road under

Regulation (EC) No 1370/2007;

422 (d) To transport infrastructure in


Regulation (EU) No 1315/2013.

(d) To transport infrastructure in



deleted Deleted

See row 418

423 (da) where applicable, to all

relevant Union legislation or to

the provisions in Union

legislation referring to

accessibility for persons with

disabilities; [Amendment 247

and 281]


See row 418

424 (db) when the Union co-

finances barrier-free accessible

transport and

telecommunication

infrastructure projects under

the CEF, the Structural Funds,

or the EFSI, projects

supporting or including

accessibility components shall

be prioritised. [Amdt 282]


See row 418

425 Article 22 Article 22 Article 22 Deleted

426 Disproportionate burden Disproportionate burden Disproportionate burden Deleted

427 1. Accessibility requirements



a disproportionate burden on the





burden on the competent

deleted Deleted



competent authorities for the

purposes of that Article.

authorities or the operators

contracted by them for the

purposes of that Article.

[Amendment 152]

428 2. In order to assess whether



Article 21 imposes a


competent authorities concerned

shall take account, of the

following:






competent authorities concerned

shall take account, of the

following:

deleted Deleted

429 (a) the size, resources and nature

of the competent authorities

concerned;

(a) the size, resources and

nature of the competent

authorities concerned;

deleted Deleted

430 (b) the estimated costs and

benefits for the competent

authorities concerned in relation


persons with disabilities, taking

into account the frequency and

duration of use of the specific

product or service;

(b) the estimated costs and

benefits for the competent

authorities concerned in relation



limitations and persons with disabilities, taking into account

the frequency and duration of

use of the specific product or

service. [Amendment 226 and

257]

deleted Deleted

431 3. The assessment of whether





3. The initial assessment of



referred to in Article 21 imposes

a disproportionate burden shall

deleted Deleted



performed by the competent

authorities concerned.

be performed by the competent

authorities concerned. [Amdt

153]

432 3a. The Commission shall

adopt delegated acts in

accordance with Article 23a to

supplement paragraph 2 of this

Article by further specifying

the criteria that are to be taken

into account for all products


Directive when assessing

whether the burden is to be

considered disproportionate,

without modifying those

criteria.


433 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.


434 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 154]




435 4. Where a competent authority

has used the exception provided

for in paragraphs 1, 2 and 3 for a

specific product or service it shall

notify the Commission thereof.

The notification shall include the


paragraph 2.

4. Where a competent authority

has used the exception provided

for in paragraphs 1, 2 and 3 for

a specific product or service, it

shall notify the Commission

thereof. The notification The


paragraph 2 shall be submitted

to the Commission upon its

request. [Amendment 155]

Deleted

436 4a. If the Commission has

reason to doubt the decision of

the competent authority

concerned, the Commission

may request the working group

referred to in Article 20a to

verify the assessment referred

to in paragraph 2 of this Article

and issue an opinion. [Amdt

156]


437 4b. The Commission shall

adopt implementing acts setting

out a model notification for the

purposes of paragraph 4 of this

Article. Those implementing

acts shall be adopted in

accordance with the advisory

procedure referred to in Article

24(1a). The Commission shall

adopt the first such

implementing act by ... [two

years after the date of entry




into force of this

Directive].[Amdt 157]


439 Common technical specifications

for other Union acts

Common technical

specifications for other Union

acts

Common technical

specifications for other Union

acts

Harmonised standards and

technical specifications for other

Union acts

440 Conformity with CTS adopted in

accordance with Article 14(1) or

parts thereof shall provide

compliance with Article 21.

Conformity with CTS adopted

in accordance with Article 14(1)

or parts thereof shall provide

compliance with Article 21.

deleted Conformity with harmonised


specifications or parts thereof

which are adopted in accordance

with Article 13, shall provide

presumption of compliance with

Article 21 in so far as those


specifications or parts thereof

meet the requirements of Annex I.

441 CHAPTER VII CHAPTER VII CHAPTER VII CHAPTER VII

442 IMPLEMENTING POWERS

AND FINAL PROVISIONS

DELEGATED ACTS, IMPLEMENTING POWERS


[Amdt 158]

[…]66 FINAL PROVISIONS DELEGATED ACTS, IMPLEMENTING POWERS


443 Article 23 a (new)

Exercise of the delegation

Article 23 a (new)

Exercise of the delegation

444 1. The power to adopt delegated

acts is conferred on the

Commission subject to the

conditions laid down in this

Article.

1. The power to adopt delegated

acts is conferred on the

Commission subject to the

conditions laid down in this

Article.

66 Legal linguist modification



445 2. The power to adopt delegated

acts referred to in Article

10(2a), Article 12(5a) and

Article 22(3a) shall be

conferred on the Commission

for an indeterminate period of

time from .... [date of entry into

force of this Directive].

2. The power to adopt delegated

acts referred to in Article 3(4c)

shall be conferred on the

Commission for an indeterminate

period of time from .... [date of

entry into force of this Directive].

The power to adopt delegated acts

referred to in Article 10(2a) and

Article 12(5a) shall be conferred

on the Commission for a period of

5 years from .... [date of entry into

force of this Directive]. The

Commission shall draw up a

report in respect of the delegation

of power not later than nine

months before the end of the five

year period. The delegation of

power shall be tacitly extended for

periods of an identical duration,

unless the European Parliament

or the Council opposes such

extension not later than three

months before the end of each

period.

446 3. The delegation of power

referred to in Article 10(2a),

Article 12(5a) and Article

22(3a) may be revoked at any

time by the European

Parliament or by the Council.

A decision to revoke shall put

an end to the delegation of the

3. The delegation of power

referred to in Article 3(4c), Article

10(2a) and Article 12(5a) may be

revoked at any time by the

European Parliament or by the

Council. A decision to revoke

shall put an end to the delegation

of the power specified in that



power specified in that

decision. It shall take effect on

the day following the

publication of the decision in


European Union or at a later

date specified therein. It shall

not affect the validity of any

delegated acts already in force.

decision. It shall take effect on the

day following the publication of

the decision in the Official

Journal of the European Union

or at a later date specified therein.

It shall not affect the validity of

any delegated acts already in

force.

447 4. Before adopting a delegated

act, the Commission shall

consult experts designated by

each Member State in

accordance with the principles

laid down in the

Interinstitutional Agreement of

13 April 2016 on Better Law-

Making.

4. Before adopting a delegated

act, the Commission shall consult

experts designated by each

Member State in accordance with

the principles laid down in the

Interinstitutional Agreement of 13

April 2016 on Better Law-

Making.

448 5. As soon as it adopts a

delegated act, the Commission

shall notify it simultaneously to


to the Council.

5. As soon as it adopts a delegated

act, the Commission shall notify it

simultaneously to the European

Parliament and to the Council.

449 6. A delegated act adopted

pursuant to Article 10(2a),

Article 12(5a) and 22(3a) shall

enter into force only if no

objection has been expressed

either by the European

Parliament or by the Council

within a period of two months

of notification of that act to the

6. A delegated act adopted

pursuant to Article 3(4c), Article

10(2a) and Article 12(5a) shall

enter into force only if no

objection has been expressed

either by the European

Parliament or by the Council

within a period of two months of

notification of that act to the



European Parliament and the

Council or if, before the expiry

of that period, the European

Parliament and the Council

have both informed the

Commission that they will not

object. That period shall be

extended by two months at the

initiative of the European

Parliament or of the Council.

[Amendment 159]

European Parliament and the

Council or if, before the expiry of

that period, the European

Parliament and the Council have

both informed the Commission

that they will not object. That

period shall be extended by two

months at the initiative of the

European Parliament or of the

Council.

450 Article 24 Article 24 Article 24 No amendments.

451 Committee procedure Committee procedure Committee procedure No amendments.

452 1. The Commission shall be

assisted by a committee. That

committee shall be a committee

within the meaning of Regulation

(EU) No 182/2011.

1. The Commission shall be



within the meaning of





within the meaning of





within the meaning of Regulation

(EU) No 182/2011.

453 1a. Where reference is made to

this paragraph, Article 4 of


shall apply. [Amendment 160]

No need for this amendment, no

implementing act with advisory

procedure provided in other

Articles

454 2. Where reference is made to



shall apply.

2. Where reference is made to



shall apply.

2. Where reference is made to



shall apply.

2. Where reference is made to this

paragraph, Article 5 of Regulation

(EU) No 182/2011 shall apply.


456 Enforcement Enforcement Enforcement No amendments.




that adequate and effective means

exist to ensure compliance with

this Directive.


that adequate and effective

means exist to ensure

compliance with this Directive.


that adequate and effective

means exist to ensure

compliance with this Directive.


adequate and effective means exist

to ensure compliance with this

Directive.

458 2. The means referred to

paragraph 1 shall include:

2. The means referred to in


[Amendment 161]

2. The means referred to


2. The means referred to in


459 (a) provisions whereby a

consumer may take action under

national law before the courts or

before the competent

administrative bodies to ensure

that the national provisions

transposing this Directive are

complied with;

(a) provisions whereby a the

possibility, for the consumer

may directly affected by the

non-conformity of a product or

service, to take action under






complied with; [Amendment

162]

(a) provisions whereby a

consumer may take action under






complied with;

(a) provisions whereby a consumer

may take action under national law

before the courts or before the

competent administrative bodies to

ensure that the national provisions


complied with;

460

(b) provisions whereby public

bodies or private associations,

organisations or other legal

entities which have a legitimate

interest, in ensuring that the

provisions of this Directive are

complied with, may take action

under national law before the

courts or before the competent

administrative bodies on behalf

of consumers to ensure that the

(b) provisions whereby the

possibility, for the public bodies

or private associations,





complied with, may to take

action under national law before

the courts or before the

competent administrative bodies

on behalf of consumers to







complied with, may engage

[…] under national law before

the courts or before the

competent administrative bodies

either on behalf or in support

of the complainant, with his or



organisations or other legal entities

which have a legitimate interest, in

ensuring that the provisions of this

Directive are complied with, may

engage under national law before

the courts or before the competent

administrative bodies either on

behalf or in support of the

complainant, with his or her

approval, in any judicial and/or



national provisions transposing

this Directive are complied with.

ensure that the national

provisions transposing this

Directive are complied with.

That legitimate interest could

be the representation of

consumers that are directly

affected by the non-conformity

of a product or service;

[Amendment 163]

her approval, in any judicial

and/or administrative

procedure provided for the

enforcement of obligations

under this Directive […].

administrative procedure provided

for the enforcement of obligations

under this Directive.

461 (ba) the possibility, for the

consumer directly affected by

the non-conformity of a

product or service, to use a

complaint mechanism; that

mechanism could be handled

by an existing body such as a

national ombudsman.

[Amendment 164]

AM 164 not taken over;recital in

row 115 is accepted.

462 2a. Member States shall ensure

that, prior to an action being

brought before the courts or


administrative bodies, as

referred to in points (a) and (b)

of paragraph 1, alternative

dispute resolution mechanisms

are in place to resolve any

alleged non-compliance with

this Directive which has been

reported by means of a

complaint mechanism referred

New recital to replace AM 165,

row 115



to in point (ba) of paragraph 2.

[Amendment 165]

463 2b. This Article shall not apply

to contracts which are subject

to Directives 2014/24/EU or

2014/25/EU. [Amendment 166]

2b. This Article shall not apply to

procurement procedures which

are subject to Directives

2014/24/EU or 2014/25/EU.


465 Penalties Penalties Penalties No amendments.

466 1. Member States shall lay down

the rules on penalties applicable

to infringements of the national

provisions adopted pursuant to

this Directive and shall take all

measures necessary to ensure that

they are implemented.

1. Member States shall lay

down the rules on penalties

applicable to infringements of

the national provisions adopted

pursuant to this Directive and

shall take all measures

necessary to ensure that they are

implemented.

1. Member States shall lay

down the rules on penalties

applicable to infringements of

the national provisions adopted

pursuant to this Directive and

shall take all measures

necessary to ensure that they are

implemented.

1. Member States shall lay down

the rules on penalties applicable to

infringements of the national

provisions adopted pursuant to this

Directive and shall take all

measures necessary to ensure that

they are implemented.

467 2. The penalties provided for

shall be effective, proportionate

and dissuasive.

2. The penalties provided for


and dissuasive, but shall not

serve as an alternative to the

fulfilment by economic

operators of their obligation to

make their products or services

accessible. Those penalties

shall also be accompanied by

effective remedial action in

case of non-compliance of the

economic operator.

[Amendment 288]

2. The penalties provided for


and dissuasive. They shall be

adequate in relation to the

character of the infringements

and to the circumstances.

2. The penalties provided for shall

be effective, proportionate and

dissuasive. Those penalties shall

also be accompanied by effective

remedial action in case of non-

compliance of the economic

operator.

New recital: “Penalties should be

adequate in relation to the

character of the infringements

and to the circumstances so as

not to serve as an alternative to

the fulfilment by economic

operators of their obligation to



make their products or services

accessible”.

468 3. Member States shall, without

delay, notify the Commission of

those rules and of those measures

and shall notify it, without delay,

of any subsequent amendment

affecting them.

3. Member States shall, without


those rules and of those

measures and shall notify it,

without delay, of any

subsequent amendment

affecting them.



those rules and of those

measures and shall notify it,

without delay, of any

subsequent amendment

affecting them.



those rules and of those measures

and shall notify it, without delay,

of any subsequent amendment

affecting them.

469 4. Penalties shall take into

account the extent of the non-

compliance, including the

number of units of non-

complying products or services

concerned, as well as the number

of people affected.

4. Penalties shall take into


compliance, including its

seriousness, and the number of

units of non-complying

products or services concerned,

as well as the number of people

affected. [Amendment 168]

4. Penalties shall take into


compliance, including the

number of units of non-

complying products or services

concerned, as well as the

number of people affected.

4. Penalties shall take into account

the extent of the non-compliance,

including its seriousness, and the

number of units of non-complying

products or services concerned, as

well as the number of people

affected.

469a 4a. This Article shall not apply to

procurement procedures which

are subject to Directives

2014/24/EU or 2014/25/EU.


471 Transposition Transposition Transposition Transposition

472

1. Member States shall adopt and

publish, by [… insert date - two

years after the entry into force of

this Directive] at the latest, the


administrative provisions

necessary to comply with this

1. Member States shall adopt

and publish, by [… insert date -

two years after the entry into

force of this Directive] at the

latest, the laws, regulations and



1. Member States shall adopt

and publish, by [… insert date -

three years after the entry into

force of this Directive] […], the




1. Member States shall adopt and

publish, by [… insert date - three

years after the entry into force of

this Directive], the laws,


provisions necessary to comply

with this Directive. They shall



Directive. They shall forthwith

communicate to the Commission

the text of those provisions.

Directive. They shall forthwith

communicate to the

Commission the text of those

provisions.

Directive. They shall

immediately communicate the

text of those measures to the

Commission […].

immediately communicate the text

of those measures to the

Commission.

473 2. They shall apply those

provisions from [… insert date -

six years after the entry into force

of this Directive].

2. They shall apply those

provisions from ... [insert date -

six five years after the entry into

force of this Directive]. [Amdt

169]

2. They shall apply those

measures from [… insert date -

six years after the entry into

force of this Directive].

2. They shall apply those measures

from [… insert date - six years

after the entry into force of this

Directive].

473a 2a (new) By derogation from

Article 27(2), Member States may

decide to apply the measures

regarding the obligations set out

in Article 3(3a)(new) at the latest

from [2 years after the date set out

in Article 27(2)].

474 2a. Without prejudice to

paragraph 2b of this Article,

Member States shall provide

for a transitional period of five

years after ... [six years after

the date of entry into force of

this Directive] during which

service providers may continue

to provide their services using

products which were lawfully

used by them to provide similar

services before that date.

[Amendment 170]

Moved to Article 27a (new)

475 2b. Member States may provide

that self-service terminals

Covered by row 475



lawfully used by service

providers for the provision of

services before .... [six years

after the date of entry into

force of this Directive] may

continue to be used in the

provision of similar services

until the end of their

economically useful life.

[Amendment 171]

476 3. When Member States adopt

those provisions, they shall

contain a reference to this

Directive or be accompanied by

such a reference on the occasion

of their official publication.

Member States shall determine

how such reference is to be made.

3. When Member States adopt

those provisions, they shall






how such reference is to be

made.


those measures, they shall






how such reference is to be

made.


those measures, they shall contain

a reference to this Directive or be

accompanied by such a reference

on the occasion of their official

publication. Member States shall

determine how such reference is to

be made.

477 4. Member States shall


the text of the main provisions of

national law which they adopt in

the field covered by this

Directive.


communicate to the

Commission the text of the

main provisions of national law

which they adopt in the field

covered by this Directive.


communicate to the



which they adopt in the field

covered by this Directive.



the text of the main provisions of

national law which they adopt in

the field covered by this Directive.

478 5. Member States using the

possibility provided for in Article

3(10) shall communicate to the

Commission the text of the main

provisions of national law which

they adopt to that end and shall

report to the Commission on the

5. Where appropriate, Member

States using the possibility

provided for in Article 3(10)

shall shall communicate to the



which they adopt to that the end

deleted 5. Member States using the

possibility provided for in Article

3(10) shall communicate to the

Commission the text of the main

provisions of national law which

they adopt to that end and shall

report to the Commission on the



progress made in their

implementation.

of Article 3(10) and shall report

to the Commission on the


implementation.[Amdt 172]


implementation.

See also under Article 28, row 486.


480 Transitional measures Transitional measures

481 1. Without prejudice to

paragraph 2 of this Article,

Member States shall provide a

transitional period of [5] years

after the date referred to in

Article 27(2) of this Directive

during which service

providers may continue to

provide their services using

products which were lawfully

used by it to provide similar

services before that date.

Service contracts closed

before the date referred to in

Article 27(2) of this Directive

may continue unalteredly

until they expire.

1. Without prejudice to paragraph

2 of this Article, Member States

shall provide a transitional period

of 5 years after the date referred

to in Article 27(2) of this Directive

during which service providers

may continue to provide their

services using products which

were lawfully used by it to provide

similar services before that date.

Service contracts agreed before

the date referred to in Article

27(2) of this Directive may

continue unalteredly until they

expire, but no longer than 5 years

from the date referred to in that

provision.


provide that self-service

terminals lawfully used by

service providers in the

provision of services before

2. Member States may provide

that self-service terminals lawfully

used by service providers for the

provision of services before ....

[six years after the date of entry



the date referred to in Article

27(2) of this Directive may be

used in the provision of that

service as long as they are not

replaced or until the end of

their economic life, but no

longer than 20 years.

into force of this Directive] may

continue to be used in the

provision of similar services until

the end of their economically

useful life, but no longer than 20

years after their entry into use.


484 Report and review Report and review Report and review Report and review

485

By […insert date - five years

after the application of this

Directive], and every five years

thereafter, the Commission shall

submit to the European

Parliament, the Council, the


Committee and the Committee of

the Regions a report on the


-1. By ... [insert date - five three

years after the date of the

application of this Directive],

and every five years thereafter,

the Commission shall submit to

the European Parliament, the

Council, the European

Economic and Social

Committee and the Committee

of the Regions a report on the


[Amendment 173]

By […insert date - five years




submit to the European

Parliament, the Council, the


Committee and the Committee

of the Regions a report on the


1. By […insert date - five years




submit to the European Parliament,

the Council, the European

Economic and Social Committee

and the Committee of the Regions

a report on the application of this

Directive.

486 1. The report shall, inter alia,

address in the light of social,

economic and technological

developments the evolution of the


services and the impact on

economic operators and persons

with disabilities, identifying

where possible, areas for burden

reduction, with a view to

1. The report Those reports,

drawn up on the basis of the

notifications received in

accordance with Article 12(6)

and Article 22(4), shall, inter

alia, address assess whether this

Directive has achieved its

objectives, in particular with

regard to enhancing the free

movement of accessible

1. The report shall, inter alia,



developments the evolution of

the accessibility of products and

services, technology lock in,

barriers to innovation and the

impact on economic operators,

and on persons with disabilities,

identifying where possible,

2. The report shall, inter alia,



developments the evolution of the


services, possible technology lock

in or barriers to innovation and

the impact on economic operators

and on persons with disabilities.

The report shall assess if the



assessing the need to review this

Directive. products and services. In

addition, those reports shall in

the light of social, economic and

technological developments,

address the evolution of the


services and, the need to

include new products and

services within the scope of this

Directive, or the need to

exclude certain products or

services from the scope of this

Directive as well as the impact

of this Directive on economic

operators and persons with

disabilities, identifying where

possible, areas for burden

reduction, with a view to

assessing the need to review this

Directive. [Amendment 174]

areas for burden reduction, with

a view to assessing the need to

review this Directive. The

report shall also assess the

effects to the functioning of

the internal market of the

application of Article 12 of

this Directive and the

exemption of microenterprises

providing services.

application of Article 3(10) has

contributed to approximate

diverging accessibility

requirement of the built

environment of passenger

services, banking services and

customers services centers of

shops of telephony operators,

where possible, with a view to

allowing progressive alignment of


in Annex Ib (new).

The report shall also assess if the

application of this Directive in

particular its voluntary provisions

has contributed to approximate


built environment constituting

works falling within the scope of

Directive 2014/23/EU, Directive

2014/24/EU, and Directive

2014/25/EU.

The report shall also address the

effects to the functioning of the

internal market of the application

of Article 12 of this Directive,

including, where available, on the

basis of information received in

accordance with Article 12(6), as

well as the exemption of

microenterprises. The report shall

conclude whether the Directive



achieved its objectives and

whether it would be appropriate to

include new products and

services, or to exclude certain

products or services from the

scope of this Directive and it shall

identify, where possible, areas for

burden reduction with a view to a

possible revision of this Directive.

On this basis, the Commission

shall communicate the results of

these reports to the Council, the

European Parliament, the


Committee and the Committee of

Regions. The Commission shall, if

necessary, propose appropriate

measures which may include

legislative measures.



in due time all the information

necessary for the Commission to

draw up such a report.


communicate to the

Commission in due time all the

information necessary for the

Commission to draw up such a

report reports. [Amendment

175]


communicate to the

Commission in due time all the

information necessary for the

Commission to draw up such a

report.


communicate to the Commission in

due time all the information

necessary for the Commission to

draw up such reports.

488 3. The Commission’s report shall

take into account the viewpoints

of the economic stakeholders and

relevant non-governmental

organisations, including


3. The Commission’s report

shall take into account the

viewpoints of the economic

stakeholders and relevant non-

governmental organisations,

including organisations of

3. The Commission's report

shall take into account the

viewpoints of the economic

stakeholders and relevant non-

governmental organisations,

3. The Commission’s report shall

take into account the viewpoints of

the economic stakeholders and

relevant non-governmental

organisations, including



disabilities and those representing

older persons.


those representing older

persons. [Amendment 176]

including organisations of

persons with disabilities […].


disabilities.

489 Article 29 Article 29 Article 29 No amendments in this Article

490 This Directive shall enter into

force on the twentieth day

following that of its publication


European Union.

This Directive shall enter into




European Union.





European Union.



following that of its publication in


European Union.

491 Article 30 Article 30 Article 30 No amendments in this Article.

492 This Directive is addressed to the

Member States.

This Directive is addressed to

the Member States.

This Directive is addressed to

the Member States.

This Directive is addressed to the

Member States.

493 Done at Brussels, Done at Brussels, Done at […], Done at Brussels,

494 For the European Parliament For

the Council

For the European Parliament

For the Council

For the European Parliament

For the Council

For the European Parliament For

the Council

495 The President The President The President The President The President The President The President The President


ANNEX I

ANNEX I

Rows Council Position adopted 7 Dec 2017, (General Approach

15586/17)

Compromise text

C.A1.0 ACCESSIBILITY REQUIREMENTS REFERRED TO

IN ARTICLE 3 FOR PRODUCTS AND SERVICES

ACCESSIBILITY REQUIREMENTS REFERRED TO IN

ARTICLE 3 FOR PRODUCTS AND SERVICES

C.AI.1 SECTION I: GENERAL ACCESSIBILITY

REQUIREMENTS RELATED TO ALL PRODUCTS

COVERED BY THIS DIRECTIVE IN ACCORDANCE

WITH ARTICLE 1(1)

SECTION I: GENERAL ACCESSIBILITY

REQUIREMENTS RELATED TO ALL PRODUCTS


WITH ARTICLE 1(1)

C.AI.2 Products have to be designed and produced in such a way

as to maximise their foreseeable use by persons with

disabilities and shall be accompanied by accessible

information on their functioning and on their accessibility

features.

Products have to be designed and produced in such a way as

to maximise their foreseeable use by persons with disabilities

and shall be accompanied by accessible information on their

functioning and on their accessibility features where possible

in or on the product.

C.AI.3 1. Requirements on information provision 1. Requirements on information provision

C.AI.4 (a) the information on the use of the product

provided on the product itself (labelling,

instructions, warning) shall be:

(a) the information on the use of the product provided

on the product itself (labelling, instructions,

warning) shall be:

C.AI.5 (i) made available by more than one sensory

channel;

(i) made available by more than one sensory

channel;

C.AI.6 (ii) presented in an understandable way; (ii) presented in an understandable way;


ANNEX I


15586/17)

Compromise text

C.AI.7 (iii) presented to users in ways they can

perceive;

(iii) presented to users in ways they can perceive;

C.AI.8 (iv) presented in fonts of adequate size and

suitable shape, taking into account

foreseeable conditions of use, and using

sufficient contrast, as well as adjustable

spacing between letters, lines and

paragraphs;

(iv) presented in fonts of adequate size and


foreseeable conditions of use, and using



paragraphs;

C.AI.9 (b) the product instructions for use not provided

on the product itself but made available

through the use of the product or through

other means such as a website, including the

accessibility functions of the product, their

activation and their interoperability with

assistive solutions shall:

(b) the product instructions for use not provided on

the product itself but made available through the

use of the product or through other means such as

a website, including the accessibility functions of

the product, their activation and their

interoperability with assistive solutions shall be

publicly available when the product is placed in the

market and shall:

C.AI.10 (i) be made available by more than one

sensory channel;

(i) be made available by more than one sensory

channel;

C.AI.11 (ii) be presented in an understandable way; (ii) be presented in an understandable way;

C.AI.12 (iii) be presented to users in ways they can

perceive;

(iii) be presented to users in ways they can

perceive;

C.AI.13 (iv) be presented in fonts of adequate size and


foreseeable conditions of use and using



paragraphs;

(iv) be presented in fonts of adequate size and


foreseeable conditions of use and using



paragraphs;


ANNEX I


15586/17)

Compromise text

C.AI.14 (v) with regard to content, be made available

in text formats that can be used for

generating alternative assistive formats to

be presented in different ways and via

more than one sensory channel, and

(v) with regard to content, be made available in

text formats that can be used for generating

alternative assistive formats to be presented

in different ways and via more than one

sensory channel, and

C.AI.15 (vi) be accompanied by an alternative

presentation of any non-textual content;

(vi) be accompanied by an alternative

presentation of any non-textual content;

C.AI.16 (vii) include a description of the user interface

of the product (handling, control and

feedback, input and output) which is

provided in accordance with sub-section

2;

(vii) include a description of the user interface of

the product (handling, control and feedback,

input and output) which is provided in

accordance with sub-section 2; the

description shall indicate for each of the

points in section 2 whether the product

provides those features;

C.AI.17 (viii) include a description of the functionality

of the product which is provided by

functions aiming to address the needs of

persons with disabilities in accordance

with sub-section 2;

(viii) include a description of the functionality of

the product which is provided by functions

aiming to address the needs of persons with

disabilities in accordance with sub-section 2;

the description shall indicate for each of the

points in section 2 whether the product

provides those features;

C.AI.18 (ix) include a description of the software and

hardware interfacing of the product with

assistive devices.

(ix) include a description of the software and

hardware interfacing of the product with

assistive devices; the description shall include

a list of those assistive devices which have

been tested together with the product.

C.AI.19 2. User interface and functionality design: 2. User interface and functionality design:


ANNEX I


15586/17)

Compromise text

C.AI.20 The product, including its user interface, shall

contain features, elements and functions, that allow

persons with disabilities to access, perceive, operate,

understand and control the product by ensuring

that:

The product, including its user interface, shall contain

features, elements and functions, that allow persons with

disabilities to access, perceive, operate, understand and

control the product by ensuring that:

C.AI.21 (a) when the product provides for communication,

including interpersonal communication,

operation, information, control and orientation

it shall do so via more than one sensory

channel; this shall include providing

alternatives to vision, auditory, speech and

tactile elements;

(a) when the product provides for communication,

including interpersonal communication, operation,

information, control and orientation it shall do so

via more than one sensory channel; this shall

include providing alternatives to vision, auditory,

speech and tactile elements;

C.AI.22 (b) when the product uses speech it shall provide

alternatives to speech and vocal input for

communication, operation control and

orientation;

(b) when the product uses speech it shall provide

alternatives to speech and vocal input for

communication, operation control and orientation;

C.AI.23 (c) when the product uses visual elements it shall

provide for flexible magnification, brightness

and contrast for communication, information

and operation, as well as ensure

interoperability with programmes and assistive

devices to navigate the interface;

(c) when the product uses visual elements it shall

provide for flexible magnification, brightness and

contrast for communication, information and

operation, as well as ensure interoperability with

programmes and assistive devices to navigate the

interface;

C.AI.24 (d) when the product uses colour to convey

information, indicate an action, require a

response or identify elements, it shall provide

an alternative to colour;

(d) when the product uses colour to convey

information, indicate an action, require a response

or identify elements, it shall provide an alternative

to colour;

C.AI.25 (e) when the product uses audible signals to

convey information, indicate an action, require

(e) when the product uses audible signals to convey

information, indicate an action, require a response


ANNEX I


15586/17)

Compromise text

a response or identify elements, it shall provide

an alternative to audible signals;

or identify elements, it shall provide an alternative

to audible signals;

C.AI.26 (f) when the product uses visual elements it shall

provide for flexible ways of improving vision

clarity;

(f) when the product uses visual elements it shall

provide for flexible ways of improving vision

clarity;

C.AI.27 (g) when the product uses audio it shall provide for

user control of volume and speed, and

enhanced audio features including the

reduction of interfering audio signals from

surrounding products and audio clarity;

(g) when the product uses audio it shall provide for

user control of volume and speed, and enhanced

audio features including the reduction of

interfering audio signals from surrounding

products and audio clarity;

C.AI.28 (h) when the product requires manual operation

and control, it shall provide for sequential

control and alternatives to fine motor control,

avoiding the need for simultaneous controls for

manipulation, and shall use tactile discernible

parts;

(h) when the product requires manual operation and

control, it shall provide for sequential control and

alternatives to fine motor control, avoiding the

need for simultaneous controls for manipulation,

and shall use tactile discernible parts;

C.AI.29 (i) the product shall avoid modes of operation

requiring extensive reach and great strength;

(i) the product shall avoid modes of operation

requiring extensive reach and great strength;

C.AI.30 (j) the product shall avoid triggering

photosensitive seizures;

(j) the product shall avoid triggering photosensitive

seizures;

C.AI.31 (k) the product shall protect the user's privacy

when he or she uses the accessibility features;

(k) the product shall protect the user's privacy when

he or she uses the accessibility features;

C.AI.32 (l) the product shall provide an alternative to

biometrics identification and control;

(l) the product shall provide an alternative to

biometrics identification and control;


ANNEX I


15586/17)

Compromise text

C.AI.33 (m) the product shall ensure consistency of the

functionality and provide enough and flexible

time for interaction;

(m) the product shall ensure consistency of the

functionality and provide enough and flexible time

for interaction;

C.AI.34 (n) the product shall provide software and

hardware for interfacing with the assistive

technologies;

(n) the product shall provide software and hardware

for interfacing with the assistive technologies;

C.AI.35 (o) the product complies with the following sector-

specific requirements:

(o) the product complies with the following sector-

specific requirements:

(i a a) e-book readers:

- shall provide for text-to-speech

technology”;

(i a) self-service terminals:

- shall provide for text-to-speech

technology”;

- shall allow for the use of personal

headsets;

- where a timed response is required,

shall alert the user by more than one

sensory channel;

- shall give the possibility to extend the

time permitted;

- shall have an adequate contrast and

tactilely discernible keys and controls

when keys and controls are available;


ANNEX I


15586/17)

Compromise text

- shall not require an accessibility feature

to be activated in order to enable a user

who needs the feature to turn it on;

- when the product uses audio or audible

signals, it shall be compatible with

assistive devices and technologies

available at Union level, including

hearing technologies such as hearing

aids, telecoils, cochlear implants and

assistive listening devices;

C.AI.36 (i) consumer terminal equipment with

interactive computing capability used for

the provision of electronic communication

services:

(i) consumer terminal equipment with

interactive computing capability used for the

provision of electronic communication

services:

C.AI.37 - shall, when such products have text

capability in addition to voice,

provide for the handling of real time

text;

- shall, when such products have text

capability in addition to voice, provide

for the handling of real time text and

support high fidelity audio;

C.AI.38 - shall, when they have video

capabilities in addition or in

combination with text and voice,

provide for the handling of total

conversation including synchronised

voice, real time text, and video

- shall, when they have video capabilities

in addition or in combination with text

and voice, provide for the handling of

total conversation including

synchronised voice, real time text, and

video with a resolution enabling sign

language communication;

- shall ensure effective wireless coupling to

hearing technologies;


ANNEX I


15586/17)

Compromise text

C.AI.39 - shall avoid interferences with

assistive devices.

- shall avoid interferences with assistive

devices.

C.AI.40 (ii) consumer terminal equipment with


accessing audio-visual media services:

(ii) consumer terminal equipment with


accessing audio-visual media services:

C.AI.41

- shall make available to persons with

disabilities the accessibility

components provided by the audio-

visual media service provider, for

user access, selection, control, and

personalisation and for transmission

to assistive devices.

- shall make available to persons with

disabilities the accessibility components

provided by the audio-visual media

service provider, for user access,

selection, control, and personalisation

and for transmission to assistive devices.

3. (new) Support services:

Where available, support services (help desks, call centres,

technical support, relay services and training services) shall

provide information on the accessibility of the product and its

compatibility with assistive technologies, in accessible modes

of communication.

C.AI.42 SECTION II: ACCESSIBILITY REQUIREMENTS

RELATED TO PRODUCTS IN ARTICLE 1(1), WITH THE

EXCEPTION OF THE SELF-SERVICE TERMINALS

REFERRED TO IN ARTICLE 1(1)(B)

SECTION II: ACCESSIBILITY REQUIREMENTS RELATED

TO PRODUCTS IN ARTICLE 1(1), WITH THE EXCEPTION

OF THE SELF-SERVICE TERMINALS REFERRED TO IN

ARTICLE 1(1)(B)

C.AI.43 In addition to Section I the packaging and instructions of

products covered by this Section shall, in order to

maximise their foreseeable use by persons with disabilities,

be made accessible. This shall mean that:

In addition to Section I the packaging and instructions of

products covered by this Section shall, in order to maximise

their foreseeable use by persons with disabilities, be made

accessible. This shall mean that:


ANNEX I


15586/17)

Compromise text

C.AI.44 (a) the packaging of the product including the

information provided in it (e.g. about opening,

closing, use, disposal) including, when provided,

information about the accessibility characteristics of

the product shall be made accessible;

(a) the packaging of the product including the information

provided in it (e.g. about opening, closing, use, disposal)

including, when provided, information about the

accessibility characteristics of the product shall be made

accessible and provided on the package when feasible;

C.AI.45 (b) the product instructions for the installation and

maintenance, storage and disposal of the product not

provided on the product itself but made available

through other means such as a website shall comply

with the following requirements:

(b) the product instructions for the installation and

maintenance, storage and disposal of the product not

provided on the product itself but made available

through other means such as a website shall be publicly

available when the product is placed in the market and

shall comply with the following requirements:

C.AI.46 (i) be available by more than one sensory channel; (i) be available by more than one sensory channel;

C.AI.47 (ii) be presented in an understandable way; (ii) be presented in an understandable way;

C.AI.48 iii) be presented to users in ways they can

perceive;

iii) be presented to users in ways they can perceive;

C.AI.49 (iv) use fonts of adequate size and suitable shape,

taking into account foreseeable conditions of

use, and using sufficient contrast, as well as

adjustable spacing between letters, lines and

paragraphs;

(iv) use fonts of adequate size and suitable shape,

taking into account foreseeable conditions of use,

and using sufficient contrast, as well as adjustable

spacing between letters, lines and paragraphs;

C.AI.50 (v) content of instruction shall be made available

in text formats that can be used for generating

alternative assistive formats to be presented in

different ways and via more than one sensory

channel, and

(v) content of instruction shall be made available in

text formats that can be used for generating


different ways and via more than one sensory

channel, and


ANNEX I


15586/17)

Compromise text

C.AI.51 (vi) instructions containing any non-textual content

shall be accompanied by an alternative

presentation of that content.

(vi) instructions containing any non-textual content

shall be accompanied by an alternative

presentation of that content.

C.AI.52 SECTION III: GENERAL ACCESSIBILITY

REQUIREMENTS RELATED TO ALL SERVICES


WITH ARTICLE 1(2)

SECTION III: GENERAL ACCESSIBILITY

REQUIREMENTS RELATED TO ALL SERVICES COVERED

BY THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE

1(2)

C.AI.53 The provision of services in order to maximise their

foreseeable use by persons with disabilities, shall be

achieved by:

The provision of services in order to maximise their

foreseeable use by persons with disabilities, shall be achieved

by:

C.AI.54 (a) ensuring the accessibility of the products used in the

provisions of the service, in accordance with Section

I of this Annex and, where applicable, Section II

thereof.

(a) ensuring the accessibility of the products used in the

provisions of the service, in accordance with Section I of

this Annex and, where applicable, Section II thereof.

C.AI.55 (b) providing information about the functioning of the

service, and where products are used in the provision

of the service, its link to these products as well as

information about their accessibility characteristics

and interoperability with assistive devices and

facilities:

(b) providing information about the functioning of the

service, and where products are used in the provision of

the service, its link to these products as well as

information about their accessibility characteristics and

interoperability with assistive devices and facilities:

C.AI.56 (i) making the information available by more

than one sensory channel;

(i) making the information available by more than

one sensory channel;

C.AI.57 (ii) presenting the information in an

understandable way;

(ii) presenting the information in an understandable

way;

C.AI.58 (iii) presenting the information to users in ways

they can perceive;

(iii) presenting the information to users in ways they

can perceive;


ANNEX I


15586/17)

Compromise text

C.AI.59 (iv) making the information content available in

text formats that can be used to generate


different ways by the users and via more than

one sensory channel;

(iv) making the information content available in text

formats that can be used to generate alternative

assistive formats to be presented in different ways

by the users and via more than one sensory

channel;

C.AI.60 (v) using fonts of adequate size and suitable shape,

taking into account foreseeable conditions of

use and using sufficient contrast, as well as

adjustable spacing between letters, lines and

paragraphs;

(v) using fonts of adequate size and suitable shape,

taking into account foreseeable conditions of use

and using sufficient contrast, as well as adjustable

spacing between letters, lines and paragraphs;

C.AI.61 (vi) supplementing any non-textual content with an

alternative presentation of that content and;

(vi) supplementing any non-textual content with an

alternative presentation of that content and;

C.AI.62 (vii) providing electronic information needed in the

provision of the service in a consistent and

adequate way by making it perceivable,

operable, understandable and robust.

(vii) providing electronic information needed in the

provision of the service in a consistent and

adequate way by making it perceivable, operable,

understandable and robust.

C.AI.63 (c) making websites, including the related online

applications and mobile device based services

including mobile applications accessible in a

consistent and adequate way by making them

perceivable, operable, understandable and robust.

(c) making websites, including the related online

applications and mobile device based services including

mobile applications accessible in a consistent and

adequate way by making them perceivable, operable,

understandable and robust;

(c a) (new) where available, support services (help desks, call

centres, technical support, relay services and training

services) providing information on the accessibility of

the service and its compatibility with assistive

technologies, in accessible modes of communication.


ANNEX I


15586/17)

Compromise text

C.AI.64 SECTION IV: ADDITIONAL ACCESSIBILITY

REQUIREMENTS RELATED TO SPECIFIC SERVICES:

SECTION IV: ADDITIONAL ACCESSIBILITY

REQUIREMENTS RELATED TO SPECIFIC SERVICES:

C.AI.65 The provision of services in order to maximise their

foreseeable use by persons with disabilities, shall be

achieved by including functions, practices, policies and

procedures and alterations in the operation of the service

targeted to address the needs of persons with disabilities:

The provision of services in order to maximise their

foreseeable use by persons with disabilities, shall be achieved

by including functions, practices, policies and procedures and

alterations in the operation of the service targeted to address

the needs of persons with disabilities and ensure

interoperability with Assistive Technologies:

C.AI.66 (i) Electronic communication and emergency

communication:

(i) Electronic communication services including those

emergency communications referred to in Article 109(2)

of the EECC:

C.AI.67 1. Providing real time text in addition to voice

communication;

1. Providing real time text in addition to voice

communication;

C.AI.68 2. Providing total conversation where video is

provided in addition to voice communication;

2. Providing total conversation where video is

provided in addition to voice communication;

C.AI.69 3. Ensuring that emergency communication using

voice, text (including real time text) and video,

where provided, is synchronised as total

conversation and transmitted by the electronic

communication service providers to the PSAP

designated to answer those communication

means.

3. Ensuring that emergency communication using

voice, text (including real time text) is synchronised

and where video is provided is also synchronised as

total conversation and is transmitted by the

electronic communication service providers to the

most appropriate PSAP.

C.AI.70 (ii) Services providing access to Audiovisual Media

Services:

(ii) Services providing access to Audiovisual Media Services:

C.AI.71 1. [Providing Electronic Programme Guides

which are perceivable, operable,

understandable and robust and provide

1. [Providing Electronic Programme Guides which

are perceivable, operable, understandable and


ANNEX I


15586/17)

Compromise text

information about the availability of

accessibility,];

robust and provide information about the

availability of accessibility,];

C.AI.72

2. Ensuring that the accessibility features of the

audiovisual media services as referred in

Article 7 of Directive 2010/13/EU are fully

transmitted with adequate quality for accurate

display, and synchronised with sound and

video, while allowing for user control of their

display and use.

2. Ensuring that the accessibility components (access

services) of the audiovisual media services such as

subtitles for the deaf and hard of hearing, audio

description, spoken subtitles and sign language

interpretation are fully transmitted with adequate

quality for accurate display, and synchronised with

sound and video, while allowing for user control of

their display and use.

C.AI.72a

(ii a) (new) Air, bus, rail and waterborne passenger transport

services except for urban, suburban and regional

transport services:

1. Ensuring the provision of information on the

accessibility of vehicles and surrounding

infrastructure and the built environment and

assistance for persons with disabilities;

2. Ensuring the provision of information about

smart ticketing (electronic reservation, booking

of tickets, etc.), real-time passenger information

(timetables, information about traffic disruptions,

connecting services, onwards travel with other

transport modes, etc.), and additional service

information (e.g. staffing of stations, lifts that are

out of order or services that are temporarily

unavailable).

C.AI.72b (ii b) (new) Urban, suburban and regional transport services:


ANNEX I


15586/17)

Compromise text

1. Ensuring the accessibility of Self-Service Terminals

used in the provision of the service in accordance with

Section I of this Annex.

C.AI.73 (iii) E-books by: (iii) E-books by:

C.AI.74 1. Ensuring that, when an e-book contains audio

in addition to text, it then provides

synchronised text and audio;

1. Ensuring that, when an e-book contains audio in

addition to text, it then provides synchronised text

and audio;

C.AI.75 2. Ensuring that e-book digital files do not

prevent assistive technology from operating

properly;

2. Ensuring that e-book digital files do not prevent

assistive technology from operating properly;

C.AI.76 3. Ensuring access to the content, the navigation

of the file content and layout including

dynamic layout, the provision of the structure,

flexibility and choice in the presentation of the

content;

3. Ensuring access to the content, the navigation of

the file content and layout including dynamic

layout, the provision of the structure, flexibility

and choice in the presentation of the content;

3a. Allowing alternative renditions of the content and

its interoperability with a variety of assistive

technologies, in such a way that can be perceivable,

understandable, operable and robust.

C.AI.77 4. Making them discoverable by providing

information through metadatas about their

accessibility features;

4. Making them discoverable by providing

information through metadata about their

accessibility features;

C.AI.78 5. Ensuring that Digital Rights Management

measures do not block accessibility features.

5. Ensuring that Digital Rights Management

measures do not block accessibility features.

C.AI.79 (iv) E-Commerce by: (iv) E-Commerce by:


ANNEX I


15586/17)

Compromise text

C.AI.80 1. Providing the information concerning

accessibility of the products and services being

sold when this information is provided by the

responsible economic operator;

1. Providing the information concerning accessibility

of the products and services being sold when this

information is provided by the responsible

economic operator;

C.AI.81 2. Ensuring the accessibility of the functionality

for identification, security and payment when

delivered as part of a service instead of a

product by making it perceivable, operable,

understandable and robust;

2. Ensuring the accessibility of the functionality for

identification, security and payment when

delivered as part of a service instead of a product

by making it perceivable, operable, understandable

and robust;

C.AI.82 3. Providing identification methods, electronic

signatures, and payment services which are

perceivable, operable, understandable and

robust.

3. Providing identification methods, electronic


perceivable, operable, understandable and robust.

C.AI.83 (v) Banking services by: (v) Banking services by:

C.AI.84 1. Providing identification methods, electronic


perceivable, operable, understandable and

robust.

1. Providing identification methods, electronic

signatures, security, and payment services which

are perceivable, operable, understandable and

robust.

C.AI.84a 1a. Ensuring that the information is understandable,

without exceeding a level of complexity superior to

level B2 (upper intermediate) of the Council of

Europe’s Common European Framework of

Reference for Languages.

SECTION IVa (new): SPECIFIC ACCESSIBILITY

REQUIREMENTS RELATED TO THE ANSWERING OF

EMERGENCY COMMUNICATIONS TO THE SINGLE


ANNEX I


15586/17)

Compromise text

EUROPEAN EMERGENCY NUMBER 112 BY THE MOST

APPROPRIATE PSAP:

The answering of emergency communications to the single

European Emergency number 112 by the most appropriate

PSAP, shall, in order to maximise their foreseeable use by

persons with disabilities, be achieved by including functions,

practices, policies and procedures and alterations targeted to

address the needs of persons with disabilities:

Emergency communications to the single European

Emergency number 112 shall be appropriately answered, in

the manner best suited to the national organisation of

emergency systems, at the most appropriate PSAP using the

same communication means as received, namely by using

synchronised voice and text (including real time text), or,

where video is provided, voice, text (including real time text)

and video synchronised as total conversation.

SECTION IVb (new): ACCESSIBILITY REQUIREMENTS

FOR FEATURES, ELEMENTS OR FUNCTIONS OF

PRODUCTS AND SERVICES IN ACCORDANCE WITH

ARTICLE 21(2)

The presumption to fulfil the relevant obligations set out in

other Union acts concerning features, elements or functions of

products and services requires the following:

1. Products

a) The accessibility of the information concerning the

functioning and accessibility features related to products


ANNEX I


15586/17)

Compromise text

complies with the corresponding elements in Annex I Section I

paragraph 1 of this Directive, namely information on the use of

the product provided on the product itself and the products

instructions for use, not provided in the product itself but made

available through the use of the product or other means such as

a website.

b) The accessibility of features, elements and functions of the

user interface and the functionality design of products complies

with the corresponding accessibility requirements of such user

interface or functionality design set out in Annex I Section I

paragraph 2 of this Directive.

c) The accessibility of the packaging, including the information

provided in it and instructions of products for the installation

and maintenance, storage and disposal of the product not

provided in the product itself but made available through other

means such as a website, except for Self Service terminals

complies with the corresponding accessibility requirements set

out in Annex I Section II of this Directive.

2. Services

The accessibility of the features, elements and functions of

services complies with the corresponding accessibility

requirements for those features, elements and functions set out

in the services-related Sections of Annex I of this Directive.

SECTION IVc (new): FUNCTIONAL PERFORMANCE

CRITERIA


ANNEX I


15586/17)

Compromise text

When the accessibility requirements, set in previous sections

of this Annex, do not address one or more functions of the

design and production of products or the provision of services

those functions or means shall be accessible, to maximise the

foreseeable use by persons with disabilities, by complying with

the related functional performance criteria.

Those Functional Performance Criteria maybe only be used as

an alternative to one or several specfic technical requirements,

when these are referred to in the accessibility requirements, if

and only if the application of the relevant functional

performance criteria complies with the accessibility

requirements and it determines that the the design and

production of products and the provision of services results in

equivalent or increased accessibility for the foreseable use by


(a) Usage without vision

Where the product or service provides visual modes of

operation, it shall provide at least one mode of operation that

does not require vision.

(b) Usage with limited vision



enables users to operate the product with limited vision;

(c) Usage without perception of colour



does not require user perception of colour.


ANNEX I


15586/17)

Compromise text

(d) Usage without hearing

Where the product or service provides auditory modes of


does not require hearing.

(e) Usage with limited hearing

Where the product or service provides auditory modes of

operation, it shall provide at least one mode of operation with

enhanced audio features that enables users with limited

hearing to operate the product;

(f) Usage without vocal capability

Where the product or service requires vocal input from users,

it shall provide at least one mode of operation that does not

require vocal input. Vocal input includes any orally-generated

sounds like speech, whistles or clicks.

(g) Usage with limited manipulation or strength

Where the product or service requires manual actions, it shall

provide at least one mode of operation that enables users to

make use of the product through alternative actions not

requiring fine motor control and manipulation, hand strength

or operation of more than one control at the same time.

(h) Usage with limited reach

The operational elements of products shall be within reach of

all users. Where the products or service provides a manual

mode of operation, it shall provide at least one mode of

operation that is operable with limited reach and limited

strength.


ANNEX I


15586/17)

Compromise text

(i) Minimising the risk of triggering photosensitive

seizures

Where the product provides visual modes of operation, it shall

avoid modes of operation that trigger photosensitive seizures.

(j) Usage with limited cognition

The product or service shall provide at least one mode of

operation incorporating features that make it simpler and

easier to use.

(k) Privacy

Where the product or service incorporates features that are

provided for accessibility, it shall provide at least one mode of

operation that maintains privacy when using those product

features that are provided for accessibility.


ANNEX Ia

ANNEX Ia - Compromise text

INDICATIVE NON-BINDING EXAMPLES OF POSSIBLE SOLUTIONS THAT CONTRIBUTE TO MEET THE ACCESSIBILITY

REQUIREMENTS IN ANNEX I

SECTION I:

EXAMPLES RELATED TO GENERAL ACCESSIBILITY REQUIREMENTS FOR ALL PRODUCTS COVERED BY THIS

DIRECTIVE IN ACCORDANCE WITH ARTICLE 1(1)

REQUIREMENTS IN SECTION I OF

ANNEX I

EXAMPLES

1. The provision of information

(a)

(i) Providing visual and tactile information or visual and auditory information indicating the place where

to introduce a card in a Self Service Terminal so that blind and deaf persons can use it.


ANNEX Ia

(ii) Using the same words in a consistent manner, or in a clear and logical structure, so that persons with

intellectual disabilities can better understand it.

(iii) Providing tactile relief format or sound alongside a text warning so that blind persons can perceive it.

(iv) Allowing that text can be read by persons who are visually impaired.

(b)

(i) Providing electronic files which can be read by a computer using screen readers so that blind persons

can use the information.


intellectual disabilities can better understand them.

(iii) Providing subtitles when video instructions are provided.

(iv) Allowing that the text can be read by persons who are visually impaired.

(v) Printing in Braille, so that a blind person can use them.

(vi) Accompanying a diagram with a text description identifying the main elements or describing key

actions.


ANNEX Ia

(vii) No example provided

(viii) No example provided

(ix) Including a socket and software in an ATM which will allow the plugging of a headphone which will

receive the text on the screen in the form of sound.

2. Examples related to user interface and functionality design

(a) Providing instructions in the form of voice and text, or by incorporating tactile signs in a keypad, so

that persons who are blind or hard of hearing can interact with the product.

(b) Offerring in a self-service terminal in addition to the spoken instructions, for example, instructions in

the form of text or images so that deaf persons can also perform the action required


ANNEX Ia

(c) Allowing users to enlarge a text, to zoom in on a particular pictogram or to increase the contrast, so that

persons who are visually impaired can perceive the information.

(d) In addition of giving a choice to press the green or the red button for selecting an option, providing in

written on the buttons what the options are, in order to allow person who are colour blind to make the

choice.

(e) When a computer gives an error signal, providing a written text or an image indicating the error, so as

to allow deaf persons to apprehend that an error is occurring.

(f) Allowing for additional contrast in foreground images so that persons who have low vision can see

them.

(g) Allowing the user of a telephone to select the volume of the sound and reduce the interference with

hearing aids so that hard of hearing persons can use the phone.

(h) Making touch screen buttons bigger and well separated so that persons with tremor can press them.

(i) Ensuring that buttons to be pressed do not require much force so that persons who have motor

impairments can use them.

(j) Avoiding flickering images so that persons who get seizures are not at risk.

(k) Allowing the use of headphones when spoken information is provided by an ATM.


ANNEX Ia

(l) As an alternative to fingerprint recognition, allowing users who cannot use their hands to select a

password for locking and unlocking a phone.

(m) Ensuring that the software reacts in a predictable way when a particular action is performed and

providing enough time to enter a password so that is easy to use for persons with intellectual

disabilities.

(n) Offering a connection with a refreshable Braille display so that blind persons can use the computer.

(o) Examples of sector-specific requirements

(i a a) No example provided

(i a): No example provided

(i) First indent Providing that a mobile phone should be able to handle real time text conversations so that persons who

are hard of hearing can exchange information in an interactive way.


ANNEX Ia

(i) Fourth indent Allowing the simultaneous use of video to display sign language and text to write a message, so that

two deaf persons can communicate with each other or with a hearing person.

(ii) First indent

Ensuring that subtitles are transmitted through the set top box for their use by deaf persons.

3. Support services

No example provided


ANNEX Ia

SECTION II:

EXAMPLES RELATED TO ACCESSIBILITY REQUIREMENTS FOR PRODUCTS IN ARTICLE 1(1), WITH THE EXCEPTION

OF THE SELF-SERVICE TERMINALS REFERRED TO IN ARTICLE 1(1)(B)

REQUIREMENTS IN SECTION II

OF

ANNEX I

EXAMPLES

Packaging and instructions of products

(a) Indicating in the packaging that the phone contains accessibility features for persons with disabilities.

(b)






ANNEX Ia

iii) Providing tactile relief format or sound when a text warning is present so that blind persons receive the

warning.

(iv) Providing that the text can be read by persons who are visually impaired.

(v) Printing in Braille, so that a blind person can read it.

(vi) Supplementing a diagram with a text description identifying the main elements or describing key

actions.


ANNEX Ia

SECTION III:

EXAMPLES RELATED TO GENERAL ACCESSIBILITY REQUIREMENTS FOR ALL SERVICES COVERED BY THIS

DIRECTIVE IN ACCORDANCE WITH ARTICLE 1(2)

REQUIREMENTS IN SECTION III

OF

ANNEX I

EXAMPLES

The provision of services

(a) No example provided

(b)




ANNEX Ia

(ii) Using the same words in a consistent manner or in a clear and logical structure so that persons with


(iii) Including subtitles when a video with instructions is provided.

(iv) Providing that a blind person can use a file by printing it in Braille.

(v) Providing that the text can be read by persons who are visually impaired.

(vi) Supplementing a diagram with a text description identifying the main elements or describing key

actions.

(vii) When a service provider offers a USB-key containing information about the service, providing that

information is accessible.


ANNEX Ia

(c) Providing text description of pictures, making all functionality available from a keyboard, giving users

enough time to read, making content appear and operate in a predictable way, and providing

compatibility with assistive technologies, so that persons with diverse disabilities can read and interact

with a website.


ANNEX Ia

(c a) No example provided

SECTION IV:

EXAMPLES RELATED TO ADDITIONAL ACCESSIBILITY REQUIREMENTS FOR SPECIFIC SERVICES:

REQUIREMENTS IN SECTION IV

OF

ANNEX I

EXAMPLES

Specific services

(i)

1. Providing that a hard of hearing person could write and receive text in an interactive manner and in real

time.

2. Providing that deaf persons can use sign language to communicate among themselves.


ANNEX Ia

3. Providing that a person who has speech and hearing impairments and chooses to use a combination of

text, voice and video, knows that the communication is transmitted through the network to an

emergency service.

(ii)

1. Providing that a blind person can select programmes on the TV.

2. Supporting the possibility to select, personalise and display access services such as subtitles for the deaf

and hard of hearing, audio description, spoken subtitles and sign language interpretation, by providing

means for effective wireless coupling to hearing technologies or by providing the user controls to

activate access services for audiovisual services to the user at the same level of prominence as the

primary media controls.

(ii a)

1 No example provided

2. No example provided

(ii b)

1 No example provided

(iii)


ANNEX Ia

1. Providing that a person with dyslexia can read and hear the text at the same time.

2. Enabling synchronized text and audio output or by enabling a refreshable braille transcript.

3. Providing that a blind person can access the index or change chapters.

3a. No example provided

4. Ensuring that information on their accessibility features is available in the electronic file so that persons

with disabilities can be informed.

5. Ensuring that there is no blocking for the text to be read aloud so that blind users can read the book.

(iv)

1. Ensuring that available information on the accessibility features of a product is not deleted.

2. Making the payment service user interface available by voice so that blind persons can make online

purchases independently.

3. Making the identification dialogues on a screen readable by screen readers so that blind persons can use

them.

(v)


ANNEX Ia

1. Making the identification dialogues on a screen readable by screen readers so that blind persons can use

them.

1 a. No example provided


ANNEX Ib

ANNEX Ib (new) - Compromise text

Rows Compromise Text

C.AIb.1

ANNEX Ib (new) - ACCESSIBILITY REQUIREMENTS FOR THE PURPOSE OF ARTICLE 3(10)

CONCERNING THE BUILT ENVIRONMENT WHERE THE SERVICES UNDER THE SCOPE OF

THIS DIRECTIVE IS PROVIDED

C.AIb.2

The accessibility to persons with disabilities of the built environment where the service is provided under the

responsibility of the service provider, referred to in Article 3(10) for its foreseeable use in an independent

manner, shall include the following aspects of areas intended for public access:

C.AIb.3 (a) use of related outdoor areas and facilities;

C.AIb.4 (b) approaches to buildings;

C.AIb.5 (c) use of entrances;

C.AIb.6 (d) use of paths in horizontal circulation;

C.AIb.7 (e) use of paths in vertical circulation;

C.AIb.8 (f) use of rooms by the public;

C.AIb.9 (g) use of equipment and facilities used in the provision of the service;

C.AIb.10 (h) use of toilets and sanitary facilities;

C.AIb.11 (i) use of exits, evacuation routes and concepts for emergency planning;

C.AIb.12 (j) communication and orientation via more than one sensory channel;

C.AIb.13 (k) use of facilities and buildings for their foreseeable purpose;

C.AIb.14 (l) protection from hazards in the environment indoors and outdoors.


225

ANNEX II

ANNEX II - Compromise text

Rows Cion Proposal EP Amends, 14 Sept 2017 Council GA 15586/17 Compromise text

A.II.1 CONFORMITY ASSESSMENT PROCEDURE – PRODUCTS

A.II.2 Internal production control Internal production control 1. Internal production

control

1. Internal production

control

A.II.3 1. Internal production control is the

conformity assessment procedure

whereby the manufacturer fulfils

the obligations laid down in points

2, 3 and 4, and ensures and

declares on his sole responsibility

that the products or services

concerned satisfy the appropriate


1. Internal production control

is the conformity assessment

procedure whereby the

manufacturer fulfils the

obligations laid down in

points 2, 3 and 4, and ensures

and declares on his sole

responsibility that the

products or services

concerned satisfy the

appropriate requirements of

this Directive.

[...] Internal production control is


procedure whereby the

manufacturer fulfils the

obligations laid down in points 2,

3 and 4, and ensures and declares

on his sole responsibility that the

products […] concerned satisfy

the appropriate requirements of

this Directive.

[Internal production control is the

conformity assessment procedure

whereby the manufacturer fulfils

the obligations laid down in points

2, 3 and 4, and ensures and declares

on his sole responsibility that the

products concerned satisfy the

appropriate requirements of this

Directive.]

A.II.4 2. Technical documentation 2. Technical

documentation

2. Technical documentation 2. Technical documentation

A.II.5 The manufacturer shall establish

the technical documentation. The

documentation shall make it

possible to assess the conformity of

the product to the relevant


to in Article 3 and, in case

manufacturer used the exception

provided for in Article 12, to

demonstrate that relevant

accessibility requirements would

impose a fundamental alteration or

The manufacturer shall

establish the technical

documentation. The


possible to assess the

conformity of the product to

the relevant accessibility


Article 3 and, in case

manufacturer used the


Article 12, to demonstrate

The manufacturer shall establish



possible to assess the conformity

of the product to the relevant


referred to in Article 3 and, in

case manufacturer used the

exception provided for in Article

12, to demonstrate that relevant


impose a fundamental alteration

The manufacturer shall establish



possible to assess the conformity of

the product to the relevant


to in Article 3 and, in case

manufacturer used the exception

provided for in Article 12, to

demonstrate that relevant


impose a fundamental alteration or


226

ANNEX II


a disproportionate burden. The


specify only the applicable

requirements and cover, as far as

relevant for the assessment, the

design, manufacture and operation

of the product.

that relevant accessibility

requirements would impose a

fundamental alteration or a

disproportionate burden. The



requirements and cover, as

far as relevant for the

assessment, the design,

manufacture and operation of

the product.

or a disproportionate burden. The





design, manufacture and

operation of the product.

a disproportionate burden. The





design, manufacture and operation

of the product.

A.II.6 The technical documentation shall,

wherever applicable, contain at

least the following elements:

The technical documentation

shall, wherever applicable,

contain at least the following

elements:

The technical documentation

shall, wherever applicable,

contain at least the following

elements:

The technical documentation shall,

wherever applicable, contain at

least the following elements:

A.II.7 (a) a general description of the

product.

(a) a general description of

the product.

(a) a general description of the

product.


product.

A.II.8 (b) a list of the harmonised

standards and/or other relevant

technical specifications the



the European Union, applied in

full or in part, and descriptions of

the solutions adopted to meet the


referred to in Article 3 where those

harmonised standards have not

been applied; in the event of partly

applied harmonised standards, the


(b) a list of the harmonised

standards and/or other

relevant technical

specifications the references

of which have been published


European Union, applied in

full or in part, and

descriptions of the solutions

adopted to meet the relevant


referred to in Article 3 where

those harmonised standards

have not been applied; in the

event of partly applied






of the European Union, applied in

full or in part, and descriptions of

the solutions adopted to meet the


requirements referred to in Article

3 where those harmonised

standards have not been applied;

in the event of partly applied

harmonised standards, the







the European Union, applied in full

or in part, and descriptions of the

solutions adopted to meet the


referred to in Article 3 where those

harmonised standards or technical

specifications have not been

applied; in the event of partly

applied harmonised standards or

technical specifications, the


227

ANNEX II


specify the parts which have been

applied.

harmonised standards, the


specify the parts which have

been applied.


applied.



applied.

A.II.9 3. Manufacturing 3. Manufacturing 3. Manufacturing 3. Manufacturing

A.II.10 The manufacturer shall take all

measures necessary so that the

manufacturing process and its

monitoring ensure compliance of

the products with the technical

documentation referred to in point

2 and with the accessibility


The manufacturer shall take

all measures necessary so that

the manufacturing process

and its monitoring ensure

compliance of the products

with the technical

documentation referred to in

point 2 and with the


this Directive.

The manufacturer shall take all








The manufacturer shall take all








A.II.11 4. Conformity marking and

declaration of conformity

4. Conformity marking

and declaration of

conformity

4. Conformity marking and


4. Conformity marking and


A.II.12 4.1. The manufacturer shall affix

the CE marking referred to in this

Directive to each individual

product that satisfies the applicable


Deleted [Amdt 221] 4.1. The manufacturer shall affix



product that satisfies the

applicable requirements of this

Directive.

4.1. The manufacturer shall affix



product that satisfies the applicable


A.II.13 4.2. The manufacturer shall draw

up a written declaration of

conformity for a product model.

The declaration of conformity shall

identify the product for which it

has been drawn up.

4.2. The manufacturer shall

draw up a written declaration

of conformity for a product

model. The declaration of

conformity shall identify the

4.2 The manufacturer shall draw

up a written declaration of

conformity for a product model.

The declaration of conformity

shall identify the product for

which it has been drawn up.

4.2 The manufacturer shall draw up

a written declaration of conformity

for a product model. The


identify the product for which it

has been drawn up.


228

ANNEX II


product for which it has been

drawn up.

A.II.14 A copy of the declaration of

conformity shall be made available

to the relevant authorities upon

request.

A copy of the declaration of

conformity shall be made

available to the relevant



conformity shall be made

available to the relevant



conformity shall be made available

to the relevant authorities upon

request.

A.II.15 5. Authorised representative 5. Authorised

representative

5. Authorised

representative

5. Authorised representative

A.II.16 The manufacturer’s obligations set

out in point 4 may be fulfilled by

his authorised representative, on

his behalf and under his

responsibility, provided that they

are specified in the mandate.

The manufacturer’s

obligations set out in point 4

may be fulfilled by his

authorised representative, on


responsibility, provided that

they are specified in the

mandate.

The manufacturer's obligations set


his authorised representative, on


responsibility, provided that they

are specified in the mandate.

The manufacturer's obligations set


his authorised representative, on his

behalf and under his responsibility,

provided that they are specified in

the mandate.


229

ANNEX III

ANNEX III - Compromise text


A.III.1 INFORMATION ON SERVICES MEETING ACCESSIBILITY REQUIREMENTS

A.III.2 1. The service provider shall

include the information assessing

how the service meets the



equivalent document. The

information shall describe the

applicable requirements and

cover, as far as relevant for the

assessment the design and the

operation of the service. In

addition to the consumer

information requirements of



Council67, the information shall,

wherever applicable, contain the

following elements:

1. The service provider

shall include the

information assessing how

the service meets the


the general terms and

conditions, or equivalent

document. The information

shall describe the applicable

requirements and cover, as

far as relevant for the

assessment the design and

the operation of the service.

In addition to the consumer




1. The service provider shall




Article 3 in the general terms and

conditions, or equivalent document.

The information shall describe the

applicable requirements and cover,

as far as relevant for the assessment

the design and the operation of the

service. In addition to the consumer




Council69, the information shall,

wherever applicable, contain the

following elements:





to in Article 3 in the general terms

and conditions, or equivalent

document. The information shall

describe the applicable


relevant for the assessment the

design and the operation of the

service. In addition to the

consumer information

requirements of Directive



the information shall, wherever

67 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and

Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European

Parliament and of the Council (OJ L 304, 22.11.2011, p.64). 69 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and


Parliament and of the Council (OJ L 304, 22.11.2011, p.64). 70 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and


Parliament and of the Council (OJ L 304, 22.11.2011, p.64).


230

ANNEX III


the Council68, the

information shall, wherever

applicable, contain the

following elements:

applicable, contain the following

elements:

A.III.3 (a) a general description of

the service in accessible formats;

(a) a general description

of the service in accessible

formats;


service in accessible formats;


service in accessible formats;

A.III.4 (b) descriptions and

explanations necessary for the

understanding of the operation of

the service;

(b) descriptions and

explanations necessary for

the understanding of the

operation of the service;




the service;




the service;

A.III.5 (c) a description of how the



are met by the service.

(c) a description of how

the relevant accessibility

requirements set out in

Annex I are met by the

service.

(c) a description of how the


set out in Annex I are met by the

service.

(c) a description of how the


set out in Annex I are met by the

service.

A.III.6 2. To comply with point 1 the

service provider may apply in full

or in part the harmonised


technical specifications, for

which references have been


of the European Union.

2. To comply with point 1

the service provider may

apply in full or in part the

harmonised standards

and/or other relevant

technical specifications, for

which references have been

published in the Official

Journal of the European

Union.

2. To comply with point 1 the


or in part the harmonised standards

and/or other relevant technical

specifications, for which references

have been published in the Official

Journal of the European Union.

2. To comply with point 1 the


or in part the harmonised standards

and/or other relevant technical

specifications, for which references

have been published in the Official

Journal of the European Union.

68 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and


Parliament and of the Council (OJ L 304, 22.11.2011, p.64).


231

ANNEX III


A.III.7 3. The service provider shall

provide information

demonstrating that the service

delivery process and its


the service with point 1 and with

the applicable requirements of

this Directive.


provide information

demonstrating that the

service delivery process and

its monitoring ensure

compliance of the service

with point 1 and with the


this Directive.


provide information demonstrating

that the service delivery process


compliance of the service with

point 1 and with the applicable



provide information demonstrating

that the service delivery process


compliance of the service with

point 1 and with the applicable



232

ANNEX IV

ANNEX IV - Compromise text

Rows Council Position adopted 7 Dec 2017, (General Approach 15586/17) Compromise text

A.IV.1 THE ASSESSMENT OF DISPROPORTIONATE BURDEN 15/05/18 (3rd Trilogue):

Annex IV agreed.

A.IV.2 Criteria to perform and document the assessment:

A.IV.3 1. Ratio between the net costs of compliance with accessibility requirements in

relation to the overall costs (operating and capital expenditures) of manufacturing,

distributing or importing the product or offering the service for the economic

operators;

A.IV.4 Elements to use to assess the net costs of compliance with accessibility requirements:

A.IV.5 (a) criteria related to one-off organisational costs to take into account in the

assessment:

A.IV.6 costs related to additional human resources with accessibility expertise

A.IV.7 costs related to training human resources and acquiring competences on

accessibility

A.IV.8 costs of development of new process for including accessibility in the

product development or service provision.

A.IV.9 costs related to development of guidance material on accessibility

A.IV.10 one-off costs of mastering the legislation on accessibility

A.IV.11 (b) criteria related to on-going production and development costs to take into

account in the assessment:

A.IV.12 costs related to the design of the accessibility features of the product or

service

A.IV.13 costs incurred in the manufacturing processes


233

ANNEX IV


A.IV.14 costs related to testing the product or service for accessibility

A.IV.15 costs related to establishing documentation.

A.IV.16 2. The estimated costs and benefits for the economic operators, including production

processes and investments, in relation to the estimated benefit for persons with

disabilities, taking into account the number and frequency of use of the specific

product or service.

A.IV.17 3. Ratio between accessibility net costs related to the net turnover of the economic

operator.

A.IV.18 Elements to use to assess the accessibility net cost:

A.IV.19 a) criteria related to one-off organisational costs to take into account in the

assessment:

A.IV.20 costs related to additional human resources with accessibility expertise

A.IV.21 costs related to training human resources and acquiring competences on

accessibility

A.IV.22 costs of development of new process for including accessibility in the

product development or service provision.

A.IV.23 costs related to development of guidance material on accessibility

A.IV.24 one off costs of mastering the legislation on accessibility

A.IV.25 b) criteria related to on-going production and development costs to take into

account in the assessment:

A.IV.26 costs related to the design of the accessibility features of the product or

service

A.IV.27 costs incurred in the manufacturing processes

A.IV.28 costs related to testing the product or service for accessibility


234

ANNEX IV


A.IV.29 costs related to establishing documentation.

A.IV.30


235

ANNEX 0

ANNEX 0 - For reference purposes

Rows Cion Proposal EP Amends 14 September 2017

E.AI.1 ANNEX I ANNEX I

E.AI.2 ACCESSIBILITY REQUIREMENTS REFERRED TO IN


ACCESSIBILITY REQUIREMENTS REFERRED TO IN


E.AI.3 SECTION I SECTION I

E.AI.4 A. Operating systems

E.AI.5 1. The provision of services in order to maximise their

reasonably foreseeable use by persons with disabilities shall be

achieved by meeting the functional performance requirements

set out in Part C, and shall include:

E.AI.6 (a) information about the functioning of the service

concerned and about its accessibility characteristics and

facilities; and

E.AI.7 (b) electronic information, including the websites

necessary for the provision of the service concerned.

[Amendment 177]

E.AI.8 General purpose computer hardware and operating systems B. General-purpose computer hardware and its embedded

operating systems [Amendment 178]

E.AI.9 1. Design and production: 1. Design and production:

E.AI.10 The design and production of products in order to maximise

their foreseeable use by persons with functional limitations,

including persons with disabilities and those with age related

impairments, shall be achieved by making accessible the

following:

The design and production of products in order to maximise




following:


236

ANNEX 0


E.AI.11 (a) the information on the use of the product provided on the

product itself (labelling, instructions, warning), which:

(a) the information on the use of the product provided on the


E.AI.12 (i) must be available by more than one sensory channel; (i) must be available by more than one sensory

channel;

E.AI.13 (ii) must be understandable; (ii) must be understandable;

E.AI.14 (iii) must be perceivable; (iii) must be perceivable;

E.AI.15 (iv) shall have an adequate size of fonts in foreseeable

conditions of use;

(iv) shall have an adequate size of fonts in foreseeable

conditions of use;

E.AI.16 (b) the packaging of the product including the information

provided in it (opening, closing, use, disposal);

(b) the packaging of the product including the information


E.AI.17 (c) the product instructions for use, installation and

maintenance, storage and disposal of the product which

shall comply with the following:

(c) the product instructions for use, installation and



E.AI.18 (i) the content of instruction shall be available in text

formats that can be used for generating alternative


and via more than one sensory channel, and

(i) the content of instruction shall be available in text




E.AI.19 (ii) the instructions shall provide alternatives to non-text

content;

(ii) the instructions shall provide alternatives to non-

text content;

E.AI.20 (d) the user interface of the product (handling, controls and

feedback, input and output) in accordance with point 2;

(d) the user interface of the product (handling, controls and


E.AI.21 (e) the functionality of the product by providing functions

aimed to address the needs of persons with functional

limitations, in accordance with point 2;

(e) the functionality of the product by providing functions



E.AI.22 (f) the interfacing of the product with assistive devices. (f) the interfacing of the product with assistive devices.

E.AI.23 2. User interface and functionality design: deleted [Amendment 180]


237

ANNEX 0


E.AI.24 In order to make accessible the design of the products and their

user interface as referred to in points (d) and (e) of point 1 they

must be designed, where applicable, as follows:

deleted

E.AI.25 (a) provide for communication and orientation via more than

one sensory channel; deleted

E.AI.26 (b) provide for alternatives to speech for communication and

orientation; deleted

E.AI.27 (c) provide for flexible magnification and contrast; deleted

E.AI.28 (d) provide for an alternative colour to convey information; deleted

E.AI.29 (e) provide for flexible ways to separate and control

foreground from background including for reducing

background noise and improve clarity;

deleted

E.AI.30 (f) provide for user control of volume; deleted

E.AI.31 (g) provide for sequential control and alternatives to fine

motor control; deleted

E.AI.32 (h) provide for modes of operation with limited reach and

strength; deleted

E.AI.33 (i) provide avoidance of triggering photosensitive seizures. deleted

E.AI.34 C. Functional performance requirements

E.AI.35 In order to make accessible their design and user interface

products and services shall be designed, where applicable, as

follows:

E.AI.36 (a) Usage without vision


238

ANNEX 0


E.AI.37 Where the product provides visual modes of operation, it shall

provide at least one mode of operation that does not require

vision.

E.AI.38 (b) Usage with limited vision


provide at least one mode of operation that enables users to

operate the product with limited vision; which can be achieved

for instance via features related to flexible contrast and

brightness, flexible magnification without loss of content or

functionalities, flexible ways to separate and control

foreground from background visual elements and flexible

control over the field of vision required.

E.AI.40 (c) Usage without perception of colour



user perception of colour.

E.AI.42 (d) Usage without hearing

E.AI.43 Where the product provides auditory modes of operation, it

shall provide at least one mode of operation that does not

require hearing.

E.AI.44 (e) Usage with limited hearing

E.AI.45 Where the product provides auditory modes of operation, it

shall provide at least one mode of operation with enhanced

audio features; which can be achieved for instance for user

control of volume and flexible ways to separate and control

foreground from background sound where voice and

background are available as separate audio streams.


239

ANNEX 0


E.AI.46 (f) Usage without vocal capability

E.AI.47 Where the product requires vocal input from users, it shall


them to generate vocal output. Vocal output includes any

orally-generated sounds like speech, whistles or clicks.

E.AI.48 (g) Usage with limited manipulation or strength

E.AI.49 Where the product requires manual actions, it shall provide at

least one mode of operation that enables users to make use of

the product through alternative actions not requiring fine

motor control and manipulation, hand strength or operation

of more than one control at the same time.

E.AI.50 (h) Usage with limited reach

E.AI.51 Where the products are freestanding or installed, the

operational elements shall be within reach of all users.

E.AI.52 (i) Minimising the risk of triggering photosensitive

seizures


avoid modes of operation that are known to trigger

photosensitive seizures.

E.AI.54 (j) Usage with limited cognition

E.AI.55 The product shall provide at least one mode of operation

incorporating features that make it simpler and easier to use.

E.AI.56 (k) Privacy

E.AI.57 Where the product incorporates features that are provided for

accessibility, it shall provide at least one mode of operation


240

ANNEX 0


that maintains privacy when using those product features that

are provided for accessibility. [Amendment 181]

E.AI.58 D. Support services

E.AI.59 Where available, support services shall provide information

on the accessibility of the product and its compatibility with

assistive technologies, in accessible modes of communication

for persons with disabilities. [Amendment 182]

E.AI.60 SECTION II SECTION II

E.AI.61 Self-service terminals: Automatic Teller Machines, ticketing

machines and check- in machines

Self-service terminals: Automatic Teller Machines, ticketing

machines, check- in machines and payment terminals

[Amendments 183 and 291]






following:


their reasonably foreseeable use by persons with functional

limitations, including persons with disabilities and those with

age related impairments, shall be achieved by making accessible

meeting the functional performance requirements set out in

Part C of Section I. In that regard, products shall not require

an accessibility feature to be activated in order to enable a

user who needs the feature to turn it on.

E.AI.64 The design and production of products shall be made

accessible, including the following:

E.AI.65 (a) the information on the use of the product provided on the



product itself (the labelling, instructions and warning)

which:;

E.AI.66 (i) must be available by more than one sensory

channel; deleted


241

ANNEX 0


E.AI.67 (ii) must be understandable; deleted

E.AI.68 (iii) must be perceivable; deleted


use conditions; deleted

E.AI.70 (b) the user interface of the product (handling, controls and


(b) the user interface of the product (handling, controls and


E.AI.71 (c) the functionality of the product by providing functions



(c) the functionality of the product by providing functions


limitations, in accordance with point 2 disabilities, which

must be achieved by allowing for the use of personal

headsets, where a timed response is required, by alerting

the user by more than one sensory channel and by

giving the possibility to extend the time permitted and by

having an adequate contrast and tactilely discernible

keys and controls;

E.AI.72 (d) the interfacing of the product with assistive devices. (d) the interfacing of the product when relevant,

compatibility with assistive devices and technologies

available at Union level, including hearing technologies

such as hearing aids, telecoils, cochlear implants and

assistive listening devices. [Amendments 184, 291, 299

and 342]



user interface as referred to in points (b) and (c) of point 1 they


deleted




242

ANNEX 0









deleted





strength; deleted


E.AI.84 SECTION III SECTION III

E.AI.85 Telephony services, including emergency services and the

related consumer terminal equipment with advanced

computing capability

Telephony services, including emergency services and the

related consumer terminal equipment with advanced computing

capability [Amendment 186]

E.AI.86 A. Services:


foreseeable use by persons with functional limitations,

including persons with disabilities, shall be achieved by:

1. The provision of services in order to maximise their

reasonably foreseeable use by persons with functional

limitations, including persons with disabilities shall be

achieved by meeting the functional performance

requirements set out in Part C of Section I, and shall

include:

E.AI.88 (a) ensuring the accessibility of the products they use in the

provision of the service, in accordance with the rules laid

(a) ensuring the accessibility of the products they the service

providers use in the provision of the service concerned,


243

ANNEX 0


down in point B on "Related terminal equipment with

advance computing capability used by consumers"

in accordance with the rules laid down in point Part B on

"Related terminal equipment with advance computing

capability used by consumers" of this Section;

E.AI.89 (b) providing information about the functioning of the service

and about its accessibility characteristics and facilities as

follows:

(b) providing information about the functioning of the service


facilities as follows;

E.AI.90 (i) the information content shall be available in text



by the users and via more than one sensory

channel,alternatives to non-text content shall be

provided;

Deleted

E.AI.91 (ii) the electronic information, including the related

online applications needed in the provision of the

service shall be provided in accordance with point

(c).

Deleted

E.AI.92 (iii) the electronic information, including the related



(c).

(iii) the (ba) electronic information, including the related

online applications needed in the provision of the service shall

be provided in accordance with point (c) concerned;

E.AI.93 (c) making websites accessible in a consistent and adequate

way for users’ perception, operation and understanding,

including the adaptability of content presentation and

interaction, when necessary providing an accessible

electronic alternative; and in a way which facilitates

interoperability with a variety of user agents and assistive

technologies available at Union and international level;

(c) making websites accessible in a consistent and adequate







E.AI.94 (ca) mobile-based apps;


244

ANNEX 0


E.AI.95 (d) providing accessible information to facilitate

complementarities with assistive services;

(d) providing accessible information to facilitate


E.AI.96 (e) including functions, practices, policies and procedures and

alterations in the operation of the service targeted to

address the needs of persons with functional limitations.

(e) including functions, practices, policies and, procedures

and alterations in the operation of the service targeted to

address the needs of persons with functional limitations

disabilities and ensure interoperability; which must be

achieved by supporting voice, video and real time text

communication, alone or in combination (total

conversation), between two users, or between a user and

an emergency service. [Amendments 187, 292 and 300]

E.AI.97 1. 1a. Support services



provide information on the accessibility of the service and its


of communication for users with functional limitations,

including persons with disabilities. [Amendment 344]

E.AI.98 B. Related terminal equipment with advance computing

capability used by consumers:

B. Related terminal equipment with advance computing

capability used by consumers: [Amdt 188 and 292]






following:





the following meeting the functional performance

requirements set out in Part C of Section I, and shall include:

E.AI.101 (a) the information on the use of the product provided in the




which:;


245

ANNEX 0



channel; deleted














shall comply with the following:;

E.AI.108 (i) content of instruction shall be available in text




deleted

E.AI.109 (ii) instructions shall provide alternatives to non-text

content; deleted









aimed to address the needs of persons with with

functional limitations, in accordance with point 2

disabilities and ensure interoperability; which must be

achieved by supporting high fidelity audio, a video

resolution enabling sign language communication, real

time text alone or in combination with voice and video


246

ANNEX 0


communication or by ensuring effective wireless

coupling to hearing technologies;


[Amendments 189, 292 and 301]





deleted










deleted





strength; deleted


E.AI.124 2a. Support services:




247

ANNEX 0





including persons with disabilities. [Amendment 346rev]

E.AI.125 SECTION IV SECTION IV

E.AI.126 Audiovisual media services and the related consumer

equipment with advance computing capability

Websites and online applications of audiovisual media services

and the related consumer equipment with advance computing

capability [Amendment 191]

E.AI.127 A. Services: A. Websites and online applications: [Amdt 192]






limitations, including persons with disabilities shall be achieved

by meeting the functional performance requirements set out

in Part C of section I, and shall include:



down in point B "Related consumer equipment with

advance computing capability"

(a) ensuring the accessibility of the products they use in the


down in point B "Related consumer equipment with

advance computing capability" making websites

accessible in a consistent and adequate way for users’

perception, operation and understanding, including the

adaptability of content presentation and interaction,

when necessary providing an accessible electronic

alternative; and in a way which facilitates

interoperability with a variety of user agents and

assistive technologies available at Union and

international level;



follows:

(b) mobile device-based applications.


248

ANNEX 0





by the users and via more than one sensory channel;

deleted

E.AI.132 (ii) alternatives to non-text content shall be provided; deleted




(c).

deleted








deleted


complementarities with assistive services; deleted




deleted [Amendment 193]

E.AI.137 B. Related consumer equipment with advance computing

capability:

B. Related consumer equipment with advance computing

capability: [Amendment 194]







limitations, with disabilities and those with age related

impairments, shall be achieved by by making accessible the


249

ANNEX 0



following:

following meeting the functional performance requirements

set out in part C of Section I, and shall include:





which:;


channel; deleted



















deleted


content; deleted






250

ANNEX 0







limitations, in accordance with point 2 disabilities; which

can be achieved for instance by supporting the

possibility to select, personalise and display access

services such as subtitles for the deaf and hard of

hearing, audio description, spoken subtitles and sign

language interpretation, by providing means for

effective wireless coupling to hearing technologies or by

providing the user controls to activate access services

for audiovisual services to the user at the same level of

prominence as the primary media controls;



E.AI.152 2. User interface and functionality design Deleted [Amendment 196]




deleted










deleted


251

ANNEX 0






strength; deleted


E.AI.163 SECTION V SECTION V

E.AI.164 Air, bus, rail and waterborne passenger transport services;

websites used for provision of passenger transport services;

mobile device-based services, smart ticketing and real time

information; Self-service terminals, ticketing machines and

check-in machines used for provision of passenger transport

services

Air, bus, coach, rail and waterborne passenger transport

services; websites used for provision of passenger transport

services; mobile device-based services, smart ticketing and real

time information; self-service terminals, including payment

terminals, ticketing machines and check-in machines used for

provision of passenger transport, mobility and tourism

services.[Amdt 197 and 308]

E.AI.165 A. Services:








in Part C of Section I, and shall include:

E.AI.167 (a) providing information about the functioning of the service


follows:

(a) providing information about the functioning of the service


facilities as follows:;




by the users and via more than one sensory channel,

deleted


252

ANNEX 0



E.AI.170 (iiaa) alternatives to non-text content shall be provided

information on how to use the accessibility features of

the service including accessibility of vehicles and

surrounding infrastructure and built environment shall

be listed and explained and information about

assistance shall be provided, in accordance with

Regulations (EU) No 1107/2006, (EU) No 1177/2010,

(EU) No 1371/2007 and (EU) No 181/2011;




(b).

(iii) the (ab) electronic information, including the related


service concerned shall be provided in accordance

with point (b);

E.AI.172 (b) making websites accessible in a consistent and adequate







(b) making websites including online applications needed

for the provision of the passenger transport, tourism,

accommodation and catering services, accessible in a

consistent and adequate way for users’ perception,

operation and understanding, including; this includes the

adaptability of content the contents presentation and

interaction, when necessary providing with the provision

of an accessible electronic alternative and in a when

necessary, in a robust way which that facilitates

interoperability with a variety of user agents and the

assistive technologies available at Union and international

level;

E.AI.173 (ba) making mobile-based services including mobile

applications needed in the provision of the service



adaptability of content presentation and interaction,


253

ANNEX 0


when necessary providing an accessible electronic

alternative; and in a robust way which facilitates

interoperability with a variety of user agents and

assistive technologies available at Union and


E.AI.174 (c) including functions, practices, policies and procedures and



(c) including functions, practices, policies and, procedures



disabilities, including making mobile-based services,

including mobile applications needed in the provision of

the service, accessible in a consistent and adequate way

for users’ perception, operation and understanding,



electronic alternative; and in a robust way which

facilitates interoperability with a variety of user agents

and assistive technologies available at Union and


E.AI.175 This concerns services such as smart ticketing

(electronic reservation, booking of tickets, etc.), real-

time passenger information (timetables, information

about traffic disruptions, connecting services, onwards

travel with other transport modes, etc.), and additional

service information (e.g. staffing of stations, lifts that

are out of order or services that are temporarily

unavailable).

E.AI.176 (ca) mobile device-based services, smart ticketing and real-

time information. [Amdts 198, 294/rev, 303, 311, 315

and 316]


254

ANNEX 0


E.AI.177 B. Websites used for the provision of passenger transport

services:


E.AI.178 (a) Making websites accessible in a consistent and adequate



interaction, where necessary providing an accessible



technologies available at Union and international level.

deleted

E.AI.179 C. Mobile device-based services, smart ticketing and real

time information:





deleted



follows:

deleted





deleted





(b).

deleted


way for users’ perception, operation and understanding, deleted


255

ANNEX 0







E.AI.186 D. Self-service terminals, ticketing machines and check-in

machines used for provision of passenger transport services:

D. Self-service terminals, including payment terminals,

ticketing machines and check-in machines used for provision of

passenger transport services: [Amendment 201]

E.AI.187 1.Design and production: 1. Design and production:





following:





the following meeting the functional performance

requirements set out in Part C of Section I, and shall include:


product itself (labelling, instructions, warning),

which:must be available by more than one sensory

channel;


product itself (the labelling, instructions and warning),

which:must be available by more than one sensory

channel;

E.AI.190 (i) must be understandable; deleted

E.AI.191 (ii) must be perceivable; deleted

E.AI.192 (iii) shall have an adequate size of fonts in foreseeable







256

ANNEX 0







limitations, in accordance with point 2 disabilities;

E.AI.195 (d) the interfacing of the product with assistive devices. (d) the interfacing the compatibility of the product with

assistive devices and technologies, including hearing

technologies, such as hearing aids, telecoils, cochlear

implants, and assistive listening devices; the product

shall also allow for the use of personal headsets.


E.AI.196 1a. Support services

E.AI.197 Where available, support services (help desks, call centres,






E.AI.198 2. User interface and functionality design deleted [Amendment 203]




deleted


one sensory channel;provide for alternatives to speech for

communication and orientation;

deleted

E.AI.201 (b) provide for flexible magnification and contrast; deleted

E.AI.202 (c) provide for an alternative colour to convey information; deleted


257

ANNEX 0


E.AI.203 (d) provide for flexible ways to separate and control



deleted

E.AI.204 (e) provide for user control of volume; deleted

E.AI.205 (f) provide for sequential control and alternatives to fine


E.AI.206 (g) provide for modes of operation with limited reach and

strength; deleted

E.AI.207 (h) provide avoidance of triggering photosensitive seizures. deleted

E.AI.208 SECTION VI SECTION VI

E.AI.209 Banking services; websites used for provision of banking

services; mobile device-based banking services; self-service

terminals, including Automatic Teller machines used for

provision of banking services

Consumer banking services; websites used for provision of

banking services; mobile device-based banking services; self-

service terminals, including payment terminals and Automatic

Teller machines used for provision of banking services

[Amendment 204]

E.AI.210 A. Services in general:











down in point D:

(a) ensuring the accessibility the products the service


in accordance with the rules laid down in point Part D of

this Section;


258

ANNEX 0




follows:

(b) providing information about the functioning of the service


follows:. This information shall be understandable,

without exceeding a level of complexity superior to level

B2 (upper intermediate) of the Council of Europe’s

Common European Framework of Reference for

Languages;





deleted





(c).

(iiiba) the electronic information, including the related websites

and online applications needed in the provision of the service

shall be provided in accordance with point (c) concerned, and

including information on electronic identification, security

and payment methods;








deleted

E.AI.218 (d) including functions, practices, policies and procedures and



(d) including functions, practices, policies, procedures and



disabilities;


259

ANNEX 0


E.AI.219 (da) mobile device-based banking services [Amendments

205, 295 and 304]

E.AI.220 B. Websites used for provision of banking services: deleted [Amendment 206]

E.AI.221 The provision of services in order to maximise their foreseeable

use by persons with functional limitations, including persons

with disabilities, shall be achieved by:

deleted

E.AI.222 (a) making websites accessible in a consistent and adequate







deleted

E.AI.223 C. Mobile device-based banking services: deleted [Amendment 207]




deleted



follows:

deleted





deleted



online applications needed in the provision of the deleted


260

ANNEX 0



(b).








deleted

E.AI.230 D. Self-service terminals, including Automatic Teller

machines used for provision of banking services:

D. Self-service terminals, including payment terminals,

Automatic Teller machines used for provision of consumer

banking services[Amdt 208]

E.AI.231 1. Design and production: 1. Design and production





following:






set out in Part C of Section I, and shall include:





which:;


channel; deleted




261

ANNEX 0














E.AI.240 (d) the interfacing of the product with assistive devices. (d) the interfacing of the product with assistive devices.

[Amendment 209]

E.AI.241 1a. Support services











deleted






E.AI.248 (d) provide for an alternative colour to convey information;


262

ANNEX 0





deleted

E.AI.250 (f) provide for user control of volume;

deleted




strength; deleted


E.AI.254 SECTION VII SECTION VII

E.AI.255 E-books E-books and related equipment [Amendment 211]

E.AI.256 A. Services: A. Services:






limitations, including persons with disabilities, shall be

achieved by meeting the functional performance requirements

set out in this Directive, and shall include:



down in point B "Products";

(a) ensuring the accessibility of the products the service


in accordance with the rules laid down in point Part B

"Products" of this Section;


263

ANNEX 0




follows:

b) providing information about the functioning of the service


follows:, and provide available information (metadata)

on accessibility features of products and services;





deleted





(c).

(iiiba) the electronic information, including the related online

applications and the e-book device, needed in the

provision of the service shall be provided in

accordance with point (c) concerned;








(c) making websites and mobile device-based applications



adaptability of content presentation and interaction, when

necessary providing an accessible electronic alternative;

and in a way which facilitates interoperability with a

variety of user agents and assistive technologies available

at Union and international level;



(d) providing accessible information to facilitate





(e) including functions, practices, policies and, procedures



disabilities, which must be achieved by ensuring the

navigation throughout the document, such as by means

of dynamic layouts, the possibility to synchronize text


264

ANNEX 0


and audio content, text-to-speech technology, allowing

alternative renditions of the content and its

interoperability with a variety of assistive technologies,

in such a way that can be perceivable, understandable,

operable and maximizes compatibility with user agents.

[Amendment 212]

E.AI.266 B. "Products"






following:




impairments, shall be achieved by making accessible complying

with the following accessibility requirements:




product itself (labelling, instructions, warning), which

shall be provided in multiple accessible formats and

which:


channel;

(i) must shall be available by more than one sensory

channel;

E.AI.271 (ii) must be understandable; (ii) must shall be understandable;

E.AI.272 (iii) must be perceivable; (iii) must shall be perceivable;


use conditions;

(iv) shall have an adequate size of fonts with sufficient

contrast between the characters and their background in

order to maximise its readability in foreseeable

conditions of use;

E.AI.274 (b) he packaging of the product including the information



provided in it (opening, closing, use, disposal) and an


265

ANNEX 0


indication of the brand, the name and the type of the

product which:

E.AI.275 (i) shall meet the requirements laid down in point a;

E.AI.276 (ii) shall in a simple and precise way inform the users how

the product incorporates accessibility features and its

compatibility with assistive technology;




(c) the product instructions for the use, installation and

maintenance, storage and disposal of the product,

whether provided separately or integrated within the

product, which shall comply with the following:





(i) content of instruction shall be made available in text


assistive formats to be presented in different ways and via

more than one sensory channel, accessible web format

and electronic non-web document format that is both

perceivable and operable; and


content;

(ii) the instructions shall provide alternatives to non-text

content manufacturer shall list and explain how to use

the accessibility features of the product and its

compatibility with assistive technologies;

E.AI.280 (ca) the instructions for the use, installation and

maintenance, storage and disposal of the product,

whether provided separately or integrated within the

product, which shall comply with the following






266

ANNEX 0








E.AI.283 (f) the interfacing of the product with assistive devices. (f) the interfacing of the product with assistive devices when

relevant, compatibility with assistive devices and

technologies. [Amdt 358]





deleted










deleted





strength; deleted



267

ANNEX 0


E.AI.295 SECTION VIII SECTION VIII

E.AI.296 E-commerce E-commerce

E.AI.297 A. Services: A. Services:











follows:

(a) providing information about the functioning of the service


facilities as follows:;





deleted





(b).

(iiiaa)the electronic information, including the related online

and mobile applications and websites, and including

information on the electronic identification, security

and payment methods, needed in the provision of the

service concerned shall be provided in accordance with

point (b).






(b) making websites accessible in a consistent and adequate






268

ANNEX 0






E.AI.304 (ba) mobile device-based e-commerce services.

E.AI.305 1a. Support services: where available, support services (help

desks, call centres, technical support, relay services and

training services) shall provide information on the

accessibility of the service and its compatibility with assistive

technologies, in accessible modes of communication for users

with functional limitations, including persons with disabilities.

[Amendments 215, 296, 306 and 359]

E.AI.306 SECTION VIIIa

E.AI.307 Accommodation services

E.AI.308 Services




E.AI.310 (a) providing information about the functioning of the

service and about its accessibility characteristics and facilities

as follows:

E.AI.311 (i) making them available in an accessible web format

and by making them perceivable, operable, understandable

and robust in accordance with point (b);

E.AI.312 (ii) listing and explaining how to use the accessibility

features of the service and its complementarity with a variety

of assistive technologies.

E.AI.313 (b) making websites and online applications needed for the

provision of the service accessible in a consistent and


269

ANNEX 0


adequate way for users' perception, operation and

understanding, including the adaptability of content

presentation and interaction, when necessary providing an

accessible electronic alternative; and in a robust way which

facilitates interoperability with a variety of user agents and

assistive technologies available at Union and international

level;

E.AI.314 (c) making mobile-based services including mobile

applications needed for the provision of e-commerce services

accessible in a consistent and adequate way for users'


adaptability of content presentation and interaction, when

necessary providing an accessible electronic alternative; and

in a robust way which facilitates interoperability with a variety

of user agents and assistive technologies available at Union

and international level;

E.AI.315 (d) making electronic identification, security and payment

methods needed for the provision of the service

understandable, perceivable, operable and robust without

undermining the security and privacy of the user;

E.AI.316 (e) making the built environment accessible to persons

with disabilities in accordance with the requirements of

Section X, including:

E.AI.317 (i) all common areas (reception, entrance, leisure

facilities, conference rooms, etc.).

E.AI.318 (ii) rooms, in accordance with the requirements of Section

X; the minimum number of accessible rooms per

establishment shall be:


270

ANNEX 0


E.AI.319 – 1 accessible room, for establishments with less than 20

rooms overall

E.AI.320 – 2 accessible rooms, for establishments with more than

20 but fewer than 50 rooms

E.AI.321 – 1 supplementary accessible room for every additional

50 rooms.

E.AI.322 2. Support services



provide information on the accessibility of the service and its

compatibility with assistive technologies and services, in

accessible modes of communication for users with functional

limitations, including persons with disabilities. [Amendment

335]

E.AI.324 SECTION IX - ACCESSIBILITY REQUIREMENTS FOR

OTHER UNION ACTS IN CHAPTER VI

SECTION IX - ACCESSIBILITY REQUIREMENTS FOR

OTHER UNION ACTS IN CHAPTER VI

E.AI.325 Part A – Products Part A – Products

E.AI.326 1. Design and production 1. Design and production





following:



including persons with disabilities and those with age-related



set out in Part C of Section I, and shall include:



(a) the information on the use of the product provided in the

product itself (labelling, instructions, warning) which:;


271

ANNEX 0



channel; deleted



















deleted


content; deleted












[Amendment 216]

E.AI.340 2. User interface and functionality design deleted [Amendment 217 and 297/rev]


272

ANNEX 0





deleted










deleted

E.AI.347 (f) provide for user control of volume; Deleted




strength; deleted


E.AI.351 Part B – Services









E.AI.353 (a) making accessible the built environment where the service

is provided, including transport infrastructure, in

(a) making accessible the built environment where the

service is provided, including transport infrastructure, in


273

ANNEX 0


accordance with Part C, without prejudice to national and

Union legislation for the protection of national treasures

possessing artistic, historic or archaeological value;

accordance with Part C, without prejudice to national and

Union legislation for the protection of national treasures

possessing artistic, historic or archaeological value;

E.AI.354 (b) making facilities accessible, including vehicles, crafts and

equipment needed for the delivery of the service as

follows:

(b) making facilities accessible, including vehicles, crafts and

equipment needed for the delivery of the service as

follows:

E.AI.355 (i) the design of its built space shall follow the

requirements under Part C in relation to boarding,

disembarking, circulation and use;

(i) the design of its built space shall follow the requirements

under set out in Part C in relation to boarding,

disembarking, circulation and use;

E.AI.356 (ii) the information shall be available in different ways

and via more than one sensory channel; deleted

E.AI.357 (iii) alternatives to non-text visual content shall be

provided. deleted

E.AI.358 (c) ensuring the accessibility of the products used in the


down in Part A;

(c) ensuring the accessibility of the products used in the


down in Part A;

E.AI.359 (d) providing information about the functioning of the service


follows:

(d) providing information about the functioning of the service


follows:;





deleted


E.AI.362 (iii) the electronic information, including the online

related applications needed in the provision of the deleted


274

ANNEX 0



(e).

E.AI.363 (e) making websites accessible in a consistent and adequate







(e) making websites and mobile-based devices accessible in

a consistent and adequate way for users’ perception,

operation and understanding, including the adaptability of

content presentation and interaction, when necessary

providing an accessible electronic alternative; and in a

way which facilitates interoperability with a variety of

user agents and assistive technologies available at Union

and international level;

E.AI.364 (f) providing accessible information to facilitate


(f) providing accessible information to facilitate


E.AI.365 (g) including functions, practices, policies and procedures and



(g) including functions, practices, policies and procedures



disabilities. [Amendment 218]

E.AI.366 Part C – Built environment

E.AI.367 1. The accessibility to persons with functional limitations,

including persons with disabilities, of the built environment for

its foreseeable use in an independent manner, shall include the

following aspects of areas intended for public access:

1. The accessibility to persons with functional limitations,

including persons with disabilities, of the built environment for

its foreseeable use in an independent manner, shall include the


[Amendment 219]

E.AI.368 (a) use of related outdoor areas and facilities; (a) use of related outdoor areas and facilities;

E.AI.369 (b) approaches to buildings; (b) approaches to buildings;

E.AI.370 (c) use of entrances; (c) use of entrances;

E.AI.371 (d) use of paths in horizontal circulation; (d) use of paths in horizontal circulation;

E.AI.372 (e) use of paths in vertical circulation; (e) use of paths in vertical circulation;


275

ANNEX 0


E.AI.373 (f) use of rooms by the public; (f) use of rooms by the public;

E.AI.374 (g) use of equipment and facilities; (g) use of equipment and facilities;

E.AI.375 (h) use of toilets and sanitary facilities; (h) use of toilets and sanitary facilities;

E.AI.376 (i) use of exits, evacuation routes and concepts for

emergency planning;

(i) use of exits, evacuation routes and concepts for

emergency planning;

E.AI.377 (j) communication and orientation via more than one sensory

channel;

(j) communication and orientation via more than one

sensory channel;

E.AI.378 (k) use of facilities and buildings for their intended purpose; (k) use of facilities and buildings for their intended purpose;

E.AI.379 (l) protection from hazards in the environment indoors and

outdoors.

(l) protection from hazards in the environment indoors and

outdoors.

E.AI.380 SECTION X - ACCESSIBILITY REQUIREMENTS FOR

THE PURPOSE OF ARTICLE 3(10) CONCERNING THE

BUILT ENVIRONMENT WHERE THE SERVICES

UNDER THE SCOPE OF THIS DIRECTIVE IS

PROVIDED

SECTION X - ACCESSIBILITY REQUIREMENTS FOR

THE PURPOSE OF ARTICLE 3(10) CONCERNING THE

BUILT ENVIRONMENT WHERE THE SERVICES

UNDER THE SCOPE OF THIS DIRECTIVE IS

PROVIDED

E.AI.381 The accessibility to persons with functional limitations,

including persons with disabilities, of the built environment

where the service is provided, referred to in Article 3(10) for its

foreseeable use in an independent manner, shall include the


The accessibility to persons with functional limitations,

including persons with disabilities, of the built environment

where the service is provided, referred to in Article 3(10) for its

foreseeable use in an independent manner, shall include the


[Amendment 220]

E.AI.382 (a) use of related outdoor areas and facilities under the

responsibility of the service provider;

(a) use of related outdoor areas and facilities under the

responsibility of the service provider;

E.AI.383 (b) approaches to buildings under the responsibility of the

service provider;

(b) approaches to buildings under the responsibility of the

service provider;

E.AI.384 (c) use of entrances; (c) use of entrances;


276

ANNEX 0


E.AI.385 (d) use of paths in horizontal circulation; (d) use of paths in horizontal circulation;

E.AI.386 (e) use of paths in vertical circulation; (e) use of paths in vertical circulation;

E.AI.387 (f) use of rooms by the public; (f) use of rooms by the public;

E.AI.388 (g) use of equipment and facilities used in the provision of

the service;

(g) use of equipment and facilities used in the provision of

the service;

E.AI.389 (h) use of toilets and sanitary facilities; (h) use of toilets and sanitary facilities;

E.AI.390 (i) use of exits, evacuation routes and concepts for

emergency planning;

(i) use of exits, evacuation routes and concepts for

emergency planning;

E.AI.391 (j) communication and orientation via more than one sensory

channel;

(j) communication and orientation via more than one

sensory channel;

E.AI.392 (k) use of facilities and buildings for their intended purpose; (k) use of facilities and buildings for their intended purpose;

E.AI.393 (l) protection from hazards in the environment indoors and

outdoors.

(l) protection from hazards in the environment indoors and

outdoors.


277

ANNEX 0a

ANNEX 0a - For reference purposes

Rows Council Position adopted 7 Dec 2017 (General Approach 15586/17)

C.AIa.0 INDICATIVE EXAMPLES OF HOW THE ACCESSIBILITY REQUIREMENTS IN ANNEX I COULD BE

COMPLIED WITH, EXAMPLES OF RESULTS THAT SHOULD BE ACHIEVED; OR EXAMPLES OF

ELEMENTS OF THESE

C.AIa.1 SECTION I: GENERAL ACCESSIBILITY REQUIREMENTS RELATED TO ALL PRODUCTS COVERED BY

THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 1(1)

C.AIa.2 Products have to be designed and produced in such a way as to maximise their foreseeable use by persons with

disabilities and shall be accompanied by accessible information on their functioning and on their accessibility

features.

C.AIa.3 1. Examples of how to comply with accessibility requirements related to the provision of information

C.AIa.4 (a) the information on the use of the product provided on the product itself (labelling, instructions,

warnings) shall be:

C.AIa.5 (i) made available by more than one sensory channel (for example, by providing visual and tactile

information or visual and auditory information indicating the place where to introduce a card in a

Self Service Terminal so that blind and deaf persons can use it);

C.AIa.6 (ii) presented in an understandable way71 (for example using the same words in a consistent manner, or

in a clear and logical structure, so that persons with intellectual disabilities can better understand

it);

C.AIa.7 (iii) presented to users in ways they can perceive (for example providing tactile relief format or sound

alongside a text warning so that blind persons can perceive it);

71 (Note for information, to be deleted from the final text: As defined in WCAG 2.0, to which the European standard EN 301 549 V1.1.2 (2015-04)

'Accessibility requirements suitable for public procurement of ICT products and services in Europe' also refers.)


278

ANNEX 0a


C.AIa.8 (iv) presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions of

use, and using sufficient contrast as well as adjustable spacing between letters, lines and paragraphs

(for example, so that the text can be read by persons who are visually impaired);

C.AIa.9 (b) the product instructions for use not provided on the product itself but made available through the use of

the product or through other means such as a website, including the accessibility functions of the

product, their activation and their interoperability with assistive solutions shall:

C.AIa.10 (i) be made available by more than one sensory channel (for example providing electronic files which

can be read by a computer using screen readers so that blind persons can use the information);

C.AIa.11 (ii) be presented in an understandable way72 (for example using the same words in a consistent manner,

or in a clear and logical structure, so that persons with intellectual disabilities can better

understand them);

C.AIa.12 (iii) be presented to users in ways they can perceive (for example in the form of subtitles when video

instructions are provided);

C.AIa.13 (iv) be presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions

of use, and using sufficient contrast, as well as adjustable spacing between letters, lines and

paragraphs (for example, so that the text can be read by persons who are visually impaired);

C.AIa.14 (v) with regard to content, be made available in text formats that can be used for generating alternative

assistive formats to be presented in different ways and via more than one sensory channel (for

example, printed in Braille, so that a blind person can use them,), and

C.AIa.15 (vi) be accompanied by an alternative presentation of any non-textual content (for example, a diagram

would be accompanied by a text description identifying the main elements or describing key

actions).

C.AIa.16 (vii) include a description of the user interface of the product (handling, control and feedback, input and

output) which is provided in accordance with sub-section 2.

72 Ibid.


279

ANNEX 0a


C.AIa.17 (viii) include a description of the functionality of the product which is provided by functions aiming to

address the needs of persons with disabilities in accordance with sub-section 2.

C.AIa.18 (ix) include a description of the software and hardware interfacing of the product with assistive devices

(for example including a socket and software in an ATM which will allow the plugging of a

headphone which will receive the text on the screen in the form of sound).

C.AIa.19 2. Examples of how to comply with accessibility requirements related to a user interface and functionality design:

C.AIa.20 The product, including its user interface shall contain features, elements and functions, that allow persons with

disabilities to access, perceive, operate, understand and control the product.

C.AIa.21 (a) when the product provides for communication, including interpersonal communication, operation,

information, control and orientation, it shall do so via more than one sensory channel; this shall include

providing alternatives to vision, auditory, speech and tactile elements (for example, by providing

instructions in the form of voice and text, or by incorporating tactile signs in a keypad, so that persons

who are blind or hard of hearing can interact with the product);

C.AIa.22 (b) when the product uses speech it shall provide alternatives to speech and vocal input for communication,

operation control and orientation (for example a self-service terminal that offers spoken instructions

shall also offer them, for example, in the form of text or images so that deaf persons can also perform the

action required);

C.AIa.23 (c) when the product uses visual elements it shall provide for flexible magnification, brightness and contrast

for communication, information and operation, as well as ensure interoperability with programmes and

assistive devices to navigate the interface (for example, by allowing users to enlarge a text, to zoom in on

a particular pictogram or to increase the contrast, so that persons who are visually impaired can perceive

the information);

C.AIa.24 (d) when the product uses colour to convey information, indicate an action, require a response or identify

elements, it shall provide an alternative to colour (for example, in addition of giving a choice to press the

green or the red button for selecting an option, it could also be written on the buttons what the options

are, in order to allow person who are colour blind to make the choice);


280

ANNEX 0a


C.AIa.25 (e) when the product uses audible signals to convey information, indicate an action, require a response or

identify elements, it shall provide an alternative to audible signals (for example, when a computer gives

an error signal, it could also provide a written text or an image indicating the error, so as to allow deaf

persons to apprehend that an error is occurring);

C.AIa.26 (f) when the product uses visual elements or audio it shall provide for flexible ways of improving vision and

audio clarity (for example, it can allow for additional contrast in foreground images so that persons who

have low vision can see them);

C.AIa.27 (g) when the product uses audio it shall provide for user control of volume and speed, and enhanced audio

features including the reduction of interfering audio signals from surrounding products (for example, by

allowing the user of a telephone to select the volume of the sound and reduce the interference with

hearing aids so that hard of hearing persons can use the phone);

C.AIa.28 (h) when the product requires manual operation and control, it shall provide for sequential control and

alternatives to fine motor control, avoiding the need for simultaneous controls for manipulation, and

shall use tactile discernible parts (for example, by making touch screen buttons bigger and well separated

so that persons with tremor can press them);

C.AIa.29 (i) the product shall avoid modes of operation requiring extensive reach and great strength (for example, by

ensuring that buttons to be pressed do not require much force so that persons who have motor

impairments can use them);

C.AIa.30 (j) the product shall avoid triggering photosensitive seizures (for example, by avoiding flickering images so

that persons who get seizures are not at risk);

C.AIa.31 (k) the product shall protect the user's privacy when he or she uses the accessibility features (for example, by

allowing the use of headphones when spoken information is provided by an ATM);

C.AIa.32 (l) the product shall provide an alternative to biometric identification and control (for example, as an

alternative to fingerprint recognition, allowing users who cannot use their hands to select a password for

locking and unlocking a phone);

C.AIa.33 (m) the product shall ensure consistency of the functionality and provide enough and flexible time for

interaction (for example, by ensuring that the software reacts in a predictable way when a particular


281

ANNEX 0a


action is performed and providing enough time to enter a password so that is easy to use for persons with

intellectual disabilities);

C.AIa.34 (n) the product shall provide software and hardware for interfacing with assistive technologies (for example,

by offering a connection with a refreshable Braille display so that blind persons can use the computer);

C.AIa.35 (o) the product complies with the following sector-specific requirements:

C.AIa.36 (i) consumer terminal equipment with interactive computing capability used for the provision of electronic

communication services:

C.AIa.37 - shall, when such products have text capability in addition to voice, provide for the handling of real

time text (for example, a mobile phone shall be able to handle real time conversations so that persons

who are hard of hearing can exchange information in an interactive way);

C.AIa.38 - shall, when they have video capabilities in addition or in combination with text and voice, provide for

the handling of total conversation including synchronised voice, real time text, and video;

C.AIa.39 - shall avoid interference with assistive devices (for example, by allowing the simultaneous use of video

to display sign language and text to write a message, so that two deaf persons can communicate with

each other or with a hearing person).

C.AIa.40 (ii) consumer terminal equipment with interactive computing capability used for accessing audio-visual

media services:

C.AIa.41 - shall make available to persons with disabilities the accessibility components provided by the audio-

visual media service provider for user access, selection, control, and personalisation and for

transmission to assistive devices (for example, by ensuring that subtitles are transmitted through the

set top box for their use by deaf persons).

C.AIa.42 SECTION II: ACCESSIBILITY REQUIREMENTS RELATED TO PRODUCTS IN ARTICLE 1(1), WITH THE

EXCEPTION OF THE SELF-SERVICE TERMINALS REFERRED TO IN ARTICLE 1(1)(B)

C.AIa.43 Examples of how to comply with accessibility requirements related to packaging and instructions:


282

ANNEX 0a


C.AIa.44 (a) the packaging of the product, including the information provided in it (e.g. about opening, closing, use,

disposal) including, when provided, information about the accessibility characteristics of the product shall be

made accessible (for example, by indicating in the packaging that the phone contains accessibility features for

persons with disabilities);

C.AIa.45 (b) the product instructions for the installation and maintenance, storage and disposal of the product not provided

on the product itself but made available through other means such as a website shall comply with the following

requirements, which could be met as illustrated by the examples listed for each point below:

C.AIa.46 (i) be available by more than one sensory channel (for example, by providing electronic files which can be

read by a computer using screen readers so that blind persons can use the information);

C.AIa.47 (ii) be presented in an understandable way73 (for example, by using the same words in a consistent manner,

or in a clear and logical structure, so that persons with intellectual disabilities can better understand it);

C.AIa.48 (iii) be presented to users in ways they can perceive (for example, by providing tactile relief format or sound

when a text warning is present so that blind persons receive the warning);

C.AIa.49 (iv) use adequate size and suitable shape, taking into account foreseeable conditions of use, and using

sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs (for example, so

that the text can be read by persons who are visually impaired);

C.AIa.50 (v) content of instruction shall be made available in text formats that can be used for generating alternative

assistive formats to be presented in different ways and via more than one sensory channel (for example,

printed in Braille, so that a blind person can read it), and

C.AIa.51 (vi) instructions containing any non-textual content shall be accompanied by an alternative presentation of

that content (for example, by supplementing a diagram with a text description identifying the main

elements or describing key actions).

73 (Note for information, to be deleted from the final text: As defined in WCAG 2.0, to which the European standard EN 301 549 V1.1.2 (2015-04)



283

ANNEX 0a


C.AIa.52 SECTION III: GENERAL ACCESSIBILITY REQUIREMENTS RELATED TO ALL SERVICES COVERED BY

THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 1(2)

C.AIa.53 Examples of how to comply with the accessibility requirements applicable to the provision of services in order to

maximise their foreseeable use by persons with disabilities:

C.AIa.54 (a) Ensuring the accessibility of the products used in the provision of the service, in accordance with Section I of

this Annex and, where applicable, Section II thereof.

C.AIa.55 (b) Providing information about the functioning of the service, and where products are used in the provision of the

service, its link to these products as well as information about their accessibility characteristics and

interoperability with assistive devices and facilities:

C.AIa.56 (i) Making the information available by more than one sensory channel (for example, by providing

electronic files which can be read by a computer using screen readers so that blind persons can use the

information);

C.AIa.57 (ii) Presenting the information in an understandable way74 (for example, by using the same words in a

consistent manner or in a clear and logical structure so that persons with intellectual disabilities can

better understand it);

C.AIa.58 (iii) Presenting the information to users in ways they can perceive (for example, by including subtitles when a

video with instructions is provided);

C.AIa.59 (iv) Making the information content available in text formats that can be used to generate alternative

assistive formats to be presented in different ways by the users and via more than one sensory channel

(for example, so that a blind person can use a file by printing it in Braille);

C.AIa.60 (v) Using fonts of adequate size and suitable shape, taking into account foreseeable conditions of use and

using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs (for example,

so that the text can be read by persons who are visually impaired);

74 (Note for information, to be deleted from the final text: A s defined in WCAG 2.0, to which the European standard EN 301 549 V1.1.2 (2015-04)



284

ANNEX 0a


C.AIa.61 (vi) Supplementing any non-textual content with an alternative presentation of that content (for example, by

supplementing a diagram with a text description identifying the main elements or describing key actions)

and;

C.AIa.62 (vii) Providing electronic information, needed in the provision of the service in a consistent and adequate way

by making it perceivable, operable, understandable and robust (for example, when a service provider

offers a USB-key containing information about the service, that information needs to be accessible).

C.AIa.63 (c) Making websites and mobile device based services including mobile applications accessible in a consistent and

adequate way by making them perceivable, operable, understandable and robust (for example, by providing

text description of pictures, making all functionality available from a keyboard, giving users enough time to

read, making content appear and operate in a predictable way, and providing compatibility with assistive

technologies, so that persons with diverse disabilities can read and interact with a website).

C.AIa.64 SECTION IV: ADDITIONAL ACCESSIBILITY REQUIREMENTS RELATED TO SPECIFIC SERVICES:

C.AIa.65 Examples of how to comply with accessibility requirements related to specific services:

C.AIa.66 (i) Electronic communication and emergency communication:

C.AIa.67 1. Providing real time text in addition to voice communication (for example, so that a hard of hearing

person could write and receive text in an interactive manner and in real time);

C.AIa.68 2. Providing total conversation where video is provided in addition to voice communication (for example, so

that deaf persons can use sign language to communicate among themselves);

C.AIa.69 3. Ensuring that emergency communication using voice, text (including real time text) and video, where

provided, is synchronised as total conversation and transmitted by the electronic communication service

providers to the PSAP designated to answer those communication means (for example so that a person

who has speech and hearing impairments and chooses to use a combination of text, voice and video,

knows that the communication is transmitted through the network to an emergency service).

C.AIa.70 (ii) Services providing access to Audiovisual Media Services:


285

ANNEX 0a


C.AIa.71 1. [Providing Electronic Programme Guides which are perceivable, operable, understandable and robust

and provide information about the availability of accessibility,] (for example, so that a blind person can

select programmes on the TV);

C.AIa.72 2. Ensuring that the accessibility features of the audiovisual media services as referred in Article 7 of

Directive 2010/13/EU are fully transmitted with adequate quality for accurate display, and synchronised

with sound and video, while allowing for user control of their display and use (for example, by ensuring

that subtitles or audio-description are transmitted with audio-visual media content).

C.AIa.73 (iii) E-books:

C.AIa.74 1. Ensuring that, when an e-book contains audio in addition to text, it then provides synchronised text and

audio (for example, so that a person with dyslexia can read and hear the text at the same time);

C.AIa.75 2. Ensuring that e-book digital files do not prevent assistive technology from operating properly (for

example by enabling synchronized text and audio output or by enabling a refreshable braille transcript;

C.AIa.76 3. Ensuring access to the content, the navigation of the file content and layout (including dynamic layout),

the provision of the structure, flexibility and choice in the presentation of the content (for example, so

that a blind person can access the index or change chapters);

C.AIa77 4. Making them discoverable by providing information through metadata about their accessibility features

(for example, by ensuring that information on their accessibility features is available in the electronic file

so that persons with disabilities can be informed);

C.AIa.78 5. Ensuring that Digital Rights Management measures do not block accessibility features (for example, by

ensuring that there is no blocking for the text to be read aloud so that blind users can read the book).

C.AIa.79 (iv) E-Commerce by:

C.AIa.80 1. Providing the information concerning accessibility of the products and services being sold when this

information is provided by the responsible economic operator (for example, by ensuring that available

information on the accessibility features of a product is not deleted);

C.AIa.81 2. Ensuring the accessibility of the functionality for identification, security and payment when delivered as

part of a service (instead of a product) by making it perceivable, operable, understandable and robust


286

ANNEX 0a


(for example, by making the payment service user interface available by voice so that blind persons can

make online purchases independently);

C.AIa.82 3. Providing identification methods, electronic signatures and payment services which are perceivable,

operable, understandable and robust (for example, by making the identification dialogues on a screen

readable by screen readers so that blind persons can use them).

C.AIa.83 (v) Banking services:

C.AIa.84 1. Providing identification methods, electronic signatures and payment services which are perceivable,

operable, understandable and robust (for example making the identification dialogues on a screen

readable by screen readers so that blind persons can use them).

_________________________

4 COLUMN EUROPEAN ACCESSIBILITY ACT - Terry Reintke · 2018-12-12 · European Accessibility Act /...

Documents

Transcript of 4 COLUMN EUROPEAN ACCESSIBILITY ACT - Terry Reintke · 2018-12-12 · European Accessibility Act /...