Aug 062017
 

Via a press release dated 4th April 2017, the European Parliament has announced that key products and services, like phones, e-book readers, operating systems and payment terminals, will have to be made more accessible to people with disabilities, under draft EU rules amended in committee on Tuesday.

Internal Market Committee rapporteur, Morten Løkkegaard (ALDE, DK), said: “Accessibility is a precondition for persons living with disabilities to enjoy equal participation and therefore to play an active role in society. To this end, it is vital to ensure smart, sustainable and inclusive growth. With greater accessibility for people with disabilities, we get a stronger Europe, which is not just a goal for politicians but also for businesses, which the European Accessibility Act will encourage to innovate with more accessible products and services.”
Daily lives made easier
There are around 80 million disabled persons in the EU, a figure that is expected to rise to 120 million by 2020. The proposed “European Accessibility Act” (EAA) would enable them to benefit from more accessible products and services. The draft directive sets out accessibility requirements for a list including ATMs, ticketing and check-in machines, PCs and operating systems, phones and TV equipment, consumer banking services, e-books, transport and e-commerce. MEPs added other items to the list, such as all payment terminals, e-book readers and websites and mobile device-based services of audio-visual media.
The accessibility requirements would also cover the “built environment” where the service is provided, including transport infrastructure (e.g. train stations), “as regards to the construction of new infrastructure or renovations with a substantial change of the structure of the existing building”, where member states do not already have requirements in place, the committee decided.

Room for innovation
MEPs agreed to base the requirements for accessibility on functionality, rather than on technical specifications. This means the EAA will say what needs to be accessible in terms of “functional performance requirements” but will not impose detailed technical solutions as to how to make it accessible, thus allowing for innovation.  All goods and services complying with the accessibility requirements would benefit from free circulation on the internal market.
Micro-enterprises excluded
Micro-enterprises (i.e. those employing fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed €2 million), would be exempted, due to their size, resources and nature.  Many may argue that since accessible ICT is becoming so common place, this exclusion will be detrimental to micro-enterprise, which can best compete with less flexible and bigger players, specifically when targeting niche markets, where a high level of client based customisation is in demand
The proposal also includes safeguard clauses to ensure that the EAA’s requirements do not create a “disproportionate burden” for economic operators. MEPs clarify that “lack of priority, time or knowledge” shall not be considered as legitimate reasons for claiming that a burden is disproportionate.

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