How is the computer hardware system guaranteed

Directive (EU) 2019/882 of the European Parliament and of the Council of April 17, 2019 on the accessibility requirements for products and services (text with EEA relevance)

  • (1) The purpose of this Directive is to contribute to the smooth functioning of the internal market by approximating the laws, regulations and administrative provisions of the Member States on the accessibility requirements for certain products and services, in particular by removing barriers to free movement due to different accessibility requirements in the Member States certain accessible products and services are removed or the establishment of such barriers is prevented. This should increase the availability of accessible products and services in the internal market and improve the accessibility of relevant information.

  • (2) The need for accessible products and services is great and the number of people with disabilities is expected to increase significantly. An environment with more accessible products and services enables a more inclusive society and makes it easier for people with disabilities to live independently. It should be borne in mind that there are more women than men in the Union who have a disability.

  • (3) This Directive identifies people with disabilities in accordance with the United Nations Convention on the Rights of Persons with Disabilities (hereinafter referred to as the "UN Disability Rights Convention"), to which the Union has been a party since January 21, 2006 2011 is defined and which all member states have ratified. According to the UN Disability Rights Convention, people with disabilities include "people who have long-term physical, emotional, mental or sensory impairments which, in interaction with various barriers, can prevent them from participating fully, effectively and on an equal footing in society". This guideline promotes full, effective and equal participation by improving access to everyday products and services which, through their original design or later adaptation, take into account the special needs of people with disabilities.

  • (4) Other people with functional limitations, such as the elderly, pregnant women or travelers with luggage, will also benefit from this policy. The term "people with functional limitations" in the sense of this guideline includes people who have permanent or temporary physical, emotional, mental or sensory impairments, age-related impairments or other impairments related to the performance of the human body, which lead to this in interaction with various barriers that these people have reduced access to products and services and that these products and services have to be adapted to their special needs.

  • (5) The differences between the laws, regulations and administrative provisions of the Member States on the accessibility of products and services for people with disabilities create obstacles to the free movement of products and services and to effective competition in the internal market. For some products and services, these differences are expected to increase across the Union after the UN Convention on the Rights of Persons with Disabilities comes into force. Economic actors, especially small and medium-sized enterprises (SMEs), are particularly affected by such obstacles.

  • (6) Due to the differences between national accessibility requirements, the self-employed, SMEs and micro-enterprises in particular shy away from doing business outside their home markets. The national, sometimes even regional or local accessibility requirements that currently exist in the Member States differ in terms of the scope and depth of regulation. These differences affect competitiveness and growth insofar as additional costs arise for the development and marketing of accessible products and services in the individual national markets.

  • (7) Consumers are charged high prices for barrier-free products and services as well as for assistive technologies, as competition between providers is limited. The large number of national regulations reduces the potential benefit of an exchange of experience at national and international level on the question of how to react to social and technological developments.

  • (8) The smooth functioning of the internal market therefore requires approximation of national rules at Union level; This would help overcome the fragmentation of the market for accessible products and services, achieve economies of scale, facilitate cross-border trade and mobility and help economic operators to use resources to innovate rather than to cover the costs caused by inconsistent legislation across the Union are conditional.

  • (9) The advantages of harmonizing accessibility requirements for the internal market are when applying Directive 2014/33 / EU of the European Parliament and of the Council on lifts to footnote [4] and Regulation (EC) No. 661/2009 of the European Parliament and of the Council to footnote [5] became clear in the transport sector.

  • (10) In Declaration No. 22 on persons with a disability, annexed to the Treaty of Amsterdam, the Conference of Representatives of the Governments of the Member States agreed that the Union institutions, when drawing up measures under Article 114 of the TFEU, Treaty on the Functioning of the European Union (TFEU) must take into account the needs of people with disabilities.

  • (11) The Commission's Communication of 6 May 2015 "A Digital Single Market Strategy for Europe" aims to deliver sustainable economic and social benefits through a connected Digital Single Market, thereby facilitating trade and promoting employment in the Union become. Consumers in the Union are still not getting the full price and choice that the single market can offer because there is still very limited online cross-border business. The fragmentation also limits the demand for cross-border electronic business transactions. A coordinated approach is also required to ensure that electronic content, electronic communication services and access to audiovisual media services are fully available to people with disabilities. It is therefore necessary to harmonize accessibility requirements for the entire digital single market and to ensure that all Union citizens, regardless of their abilities, can take advantage of the benefits of the single market.

  • (12) Since the Union acceded to the UN Convention on the Rights of Persons with Disabilities, its provisions have been an integral part of the Union's legal order and are binding on the Union's organs and its member states.

  • (13) According to the UN Convention on the Rights of Persons with Disabilities, the parties must take appropriate measures to ensure that people with disabilities have equal access to the physical environment, to means of transport, to information and communication, including information and communication technologies and systems, and to other facilities and to ensure services that are open to or provided to the public in urban and rural areas. The United Nations Committee on the Rights of Persons with Disabilities has identified the need to create a legislative framework with concrete, enforceable and time-bound guidelines to control the progressive realization of accessibility.

  • (14) In accordance with the UN Convention on the Rights of Persons with Disabilities, the Parties are called upon to conduct or promote research and development into new technologies suitable for people with disabilities, including information and communication technologies, mobility aids, devices and assistive technologies promote their availability and use. The UN Convention on the Rights of Persons with Disabilities also calls for affordable technologies to be given priority.

  • (15) The entry into force of the UN Disability Rights Convention in the Member States makes it necessary to adopt additional national provisions on the accessibility of products and services. Without action by the Union, these provisions would widen the differences between the laws and regulations of the Member States.

  • (16) It is therefore necessary to simplify the implementation of the UN Convention on the Rights of Persons with Disabilities in the Union by establishing uniform Union legislation. This directive also supports the member states in their efforts to achieve a harmonized fulfillment of their national obligations and their obligations under the UN Convention on the Rights of Persons with Disabilities with regard to accessibility.

  • (17) The Commission Communication "European Disability Strategy 2010-2020: A Renewed Commitment to an Accessible Europe" of 15 November 2010 identified and identified accessibility as one of the eight strands in line with the UN Convention on the Rights of Persons with Disabilities pointed out that this is a basic requirement for social participation; the specific goal is to ensure that products and services are barrier-free.

  • (18) The determination of the products and services falling within the scope of this Directive is based on a screening carried out during the preparation of the impact assessment to identify products and services which are relevant to people with disabilities and which are different from those in the Member States have adopted or are likely to adopt national accessibility requirements that hamper the functioning of the internal market.

  • (19) In order to ensure the accessibility of the services falling within the scope of this Directive, products used to provide those services and with which consumers interact should also be required to comply with the applicable accessibility requirements of this Directive.

  • (20) 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 service providers should comply with the obligations of this Directive. Service providers should also ensure that their staff are adequately and continuously trained to ensure that they are familiar with the use of accessible products and services. This training should cover topics such as providing information, advice and advertising.

  • (21) The accessibility requirements should be introduced in such a way as to minimize burdens for economic operators and Member States.

  • (22) It is necessary to lay down accessibility requirements for the placing on the market of those products and services that fall within the scope of this Directive in order to ensure their free movement in the internal market.

  • (23) This Directive should make functional accessibility requirements mandatory and formulate them as general objectives. These requirements should be precise enough to create legally binding obligations and detailed enough to be able to assess conformity, in order to ensure the proper functioning of the internal market for the products and services covered by this Directive, but also to allow some scope for innovation .

  • (24) This guideline defines a number of functionality requirements for the forms of operation of products and services. These requirements do not represent a general alternative to the accessibility requirements of this guideline, but should only be used in very specific circumstances. In the interests of accessibility, those requirements should apply to certain functions or characteristics of the products or services in which the accessibility requirements of this Directive do not address one or more of those particular functions or characteristics. In addition, in the event that an accessibility requirement includes certain technical requirements and another technical solution is provided for these technical requirements in the product or service, this other solution - by applying the relevant requirements for functionality - still meets the corresponding accessibility requirements should be fulfilled and comparable or better accessibility should be achieved.

  • (25) This Directive should also cover hardware systems for general purpose computers for consumers. In order for these systems to function barrier-free, their operating system should also be barrier-free. Such computer hardware systems are characterized by their multi-purpose character and their ability to perform the usual computer tasks required by the consumer with the appropriate software, and are intended to be operated by consumers. Personal computers, including desktops, notebooks, smartphones, and tablets, are examples of such computer hardware systems. Special computers embedded in consumer electronics are not hardware systems for universal computers for consumers. This guideline should not specifically cover individual components with specific functions, such as motherboards or memory chips, that are used or could be used in such a system.

  • (26) This Directive should also cover payment terminals, including both associated hardware and software, and certain interactive self-service terminals, including both associated hardware and software, intended to be used to provide services covered by this Directive, such as ATMs , Ticket machines that issue physical tickets for access to services (such as ticket machines and waiting number machines in banks), check-in machines and interactive self-service terminals for information, including interactive display screens.

  • (27) However, certain interactive self-service information terminals that are an integral part of vehicles, aircraft, ships or rail vehicles should be excluded from the scope of this Directive as they are part of the vehicles, aircraft, ships or rail vehicles that are not covered by it Policy are.

  • (28) This Directive should also apply to electronic communications services, including emergency calls as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council to footnote [6], extend. The measures that the Member States are currently taking in the interests of accessibility for people with disabilities vary and are not harmonized across the single market. Ensuring that the same accessibility requirements apply across the Union will result in economies of scale for economic operators operating in more than one Member State and effective access for people with disabilities both in their own Member State and when traveling through Member States facilitate. In order for electronic communication services, including emergency calls, to be barrier-free, service providers should, if they make video representations available, also offer text and an overall call service in real time in addition to voice and ensure the synchronization of all means of communication. In addition to the requirements of this Directive, Directive (EU) 2018/1972 should allow Member States to designate a relay service provider whose services could be used by people with disabilities.

  • (29) This Directive aims to harmonize the accessibility requirements for electronic communications services and related products and to supplement Directive (EU) 2018/1972, which lays down rules on equivalence of access and choices for end users with disabilities. Directive (EU) 2018/1972 also defines the provisions applicable under universal service obligations on the affordability of Internet access and voice communication and on the affordability and availability of the associated terminal equipment, special equipment and services for consumers with disabilities.

  • (30) This Directive should also cover interactive consumer terminals which are foreseeable to be used primarily for access to electronic communications services. For the purposes of this guideline, these devices should also include devices that are used as part of the configuration to access electronic communications services, such as routers or modems.

  • (31) For the purposes of this Directive, access to audiovisual media services should mean that access to audiovisual content must be accessible and that mechanisms are in place to enable users with disabilities to use their assistive technologies. Services that provide access to audiovisual media services could include websites, online applications, set-top box-based applications, downloadable applications, services offered on mobile devices including mobile applications and media players, and internet connection-based television services . The accessibility of audiovisual media services is guaranteed by Directive 2010/13 / EU of the European Parliament and of the Council to footnote [7] except for the accessibility of electronic program guides (EPG), which are included in the definition of services covered by this Directive providing access to audiovisual media services.

  • (32) As regards passenger transport services by air, bus, rail and ship, this Directive should, inter alia, cover the provision of information on the transport service, including real-time travel information, through websites, services offered on mobile devices, interactive display screens and interactive self-service terminals that passengers with disabilities need to travel. This could include, for example, information about the service provider's passenger transport products and services, information before and during the trip, and information in the event of a failure of a travel service or a delayed departure. Further information elements could be information about prices or special offers.

  • (33) This Directive should also cover websites offering services on mobile devices, including mobile applications developed or made available by operators of passenger transport services under or on behalf of this Directive, electronic ticketing services, electronic ticketing and interactive self-service terminals .

  • (34) The scope of this Directive as regards passenger services by air, bus, rail and sea should be defined on the basis of the existing sector-specific legislation on passenger rights. If this Directive does not apply to certain types of transport services, Member States should encourage service providers to apply the relevant accessibility requirements of this Directive.

  • (35) Directive (EU) 2016/2102 of the European Parliament and of the Council to footnote [8] obliges public bodies that offer transport services - including urban and suburban transport services as well as regional transport services - to make their websites accessible. This directive also contains exemptions for micro-enterprises that provide services, including urban, suburban and regional transport services. This directive contains obligations to ensure that websites are accessible to electronic commerce. Since the present directive will oblige the vast majority of private providers of transport services to make their websites accessible for online ticket sales, it is not necessary to include further requirements for the websites of providers of urban, suburban and regional transport services in this directive .

  • (36) Some aspects of accessibility requirements, in particular the provision of information under this Directive, are already the subject of existing Union acts in the field of the movement of people. This includes parts of Regulation (EC) No. 261/2004 of the European Parliament and of the Council to footnote [9], Regulation (EC) No. 1107/2006 of the European Parliament and of the Council to footnote [10], Regulation (EC) No. 1371/2007 of the European Parliament and of the Council to footnote [11], Regulation (EU) No. 1177/2010 of the European Parliament and of the Council to footnote [12] and Regulation (EU) No. 181/2011 of the European Parliament and of the Council to footnote [13]. This also includes the relevant legal acts in relation to rail transport, which are based on Directive 2008/57 / EC of the European Parliament and of the Council to footnote [14] were accepted. In order to ensure legal consistency, the accessibility requirements under these Regulations and these legal acts should continue to apply as before. However, additional requirements in this Directive would complement those already in place, which would improve the functioning of the internal market in the transport sector, which would also benefit people with disabilities.

  • (37) Certain elements of transport services should not be covered by this Directive if they were provided outside the territory of the Member States, even if the service in question was intended for the Union market. With regard to these elements, a passenger transport service provider should only be required to ensure that the requirements of this Directive are met in relation to that part of the service offered in the territory of the Union. In the case of air transport, on the other hand, Union air carriers should ensure that the applicable requirements of this Directive are also met for flights departing from an airport in a third country and destined for an airport on the territory of a Member State. In addition, all air carriers, including those not authorized in the Union, should ensure that the applicable requirements of this Directive are met in cases where the flights are from Union territory to a third country.

  • (38) Local authorities should be encouraged to include the accessibility of urban transport services in their sustainable urban mobility plans and to publish regular lists of good practice in the area of ​​accessible accessibility of urban public transport and mobility services.

  • (39) Union law on banking and financial services aims to protect and inform consumers across the Union, but does not contain any accessibility requirements. So that people with disabilities can use these services, including when provided through websites and services, including mobile applications, across the Union, make informed choices and feel adequately protected, in the same way as any other consumer, and for service providers If there is a level playing field, this Directive should lay down common accessibility requirements for certain banking and financial services for consumers.

  • (40) Adequate accessibility requirements should also apply to identification methods, electronic signatures and payment services, as these are necessary for conducting banking transactions with retail customers.

  • (41) E-book files are electronically encoded in such a way that intellectual works can be passed on and read, the majority of which consist of text or graphics. The accessibility of e-book files depends on how precisely this coding is carried out, especially with regard to how the various constitutive elements of the work are qualified and whether the description of its structure is standardized. In terms of interoperability under the aspect of accessibility, the compatibility of these files with user agents and current and future assistive technologies should be optimized. Specific characteristics of specific works such as comics, children's books, and art books should be checked against any applicable accessibility requirements. Different accessibility requirements in the Member States would make it more difficult for publishers and other economic actors to take advantage of the internal market, they could lead to problems with the interoperability of e-book readers and would limit access for customers with disabilities.

    In connection with e-books, the term service provider could include publishers and other economic actors involved in the distribution of e-books. It is widely recognized that people with disabilities continue to encounter barriers to accessing content protected by copyright and related rights and that certain measures to remedy this situation have already been taken through, for example, the adoption of Directive (EU) 2017/1564 des European Parliament and Council to footnote [15] and Regulation (EU) 2017/1563 of the European Parliament and of the Council to footnote [16] have been taken and that further action by the Union in this regard could be taken in the future.

  • (42) This Directive defines e-commerce services as remote services that are provided through websites and on mobile devices, electronically and at the individual request of a consumer with a view to entering into a consumer contract. For the purposes of this definition, “remote service” means that the service is provided without the parties being present at the same time; "Provided electronically" means that the service is sent, transmitted and sent entirely by wire, radio, optical or other electromagnetic means by means of devices for electronic processing (including digital compression) and storage of data at the origin and received at the end Will be received; “At the individual request of a consumer” means that the service is provided upon individual request. As e-business services are becoming increasingly important and high-tech, harmonized requirements must apply to their accessibility.

  • (43) The accessibility requirements for e-commerce services under this Directive should apply to the online sale of any product or service and should therefore also apply to the sale of any product or service which, in itself, is covered by this Directive.

  • (44) The measures relating to the accessibility of the answering of emergency calls should be without prejudice to the organization of the emergency services and should not affect the organization of the emergency services, which remains the exclusive competence of the Member States.

  • (45) In accordance with Directive (EU) 2018/1972, Member States must ensure, in accordance with Union legislation on the harmonization of accessibility requirements for products and services, that end-users with disabilities have access to emergency services via emergency calls and that access to other end-users is equivalent. The Commission, as well as national regulatory authorities and other competent authorities, must take appropriate measures to ensure that end-users with disabilities can access emergency services in an equivalent manner to other end-users when traveling to other Member States, and where possible without prior access Registration. These measures are intended to ensure interoperability between Member States and the measures must be based as far as possible on European standards or specifications published in accordance with article EU_RL_2018_1972 Article 39 of Directive (EU) 2018/1972. Such measures must not prevent Member States from adopting additional requirements in order to pursue the objectives set out in that Directive. As an alternative to meeting the accessibility requirements set out in this Directive in relation to answering emergency calls for users with disabilities, Member States should be able to designate a third party relay service provider whose services people with disabilities use to communicate with the PSAP, to these public emergency answering stations are able to use electronic communication services based on Internet protocols in order to ensure the accessibility of answering emergency calls. In any event, the obligations of this Directive should not be construed as limiting or restricting the obligations contained in Directive (EU) 2018/1972 in favor of end-users with disabilities, including equivalent access to electronic communications services and emergency services, as well as accessibility obligations weaken.

  • (46) Directive (EU) 2016/2102 lays down accessibility requirements for websites and mobile applications of public authorities and other related aspects, in particular requirements regarding the compliance of the relevant websites and mobile applications with these obligations. However, the aforementioned policy contains a list of specific exceptions. Similar exceptions apply to this guideline. Certain activities carried out through websites and mobile applications of public authorities, such as passenger transport services or e-commerce services, which are covered by this Directive, should additionally comply with the applicable accessibility requirements of this Directive in order to ensure that the sale of products and services online Regardless of whether the seller is a public or private economic operator, is barrier-free for people with disabilities. The accessibility requirements of this Directive should be aligned with the requirements of Directive (EU) 2016/2102 regardless of differences in monitoring, reporting or enforcement.

  • (47) to footnote [17]The four principles of barrier-free access to websites and mobile applications used in Directive (EU) 2016/2102 are: Perceptibility, i.e. the information and components of the user interface must be presented to users in such a way that they can perceive them; Operability, i.e. the user must be able to handle the components of the user interface and the navigation; Comprehensibility, i.e. the information and the handling of the user interface must be understandable; Finally, robustness, that is, the content must be robust enough that it can be reliably interpreted by a variety of user agents, including assistive technologies. These principles are also relevant for this guideline.

  • (48) Member States should take all appropriate measures to ensure that the accessibility requirements do not impede the free movement within the Union of the products and services covered by this Directive and which comply with the applicable accessibility requirements.

  • (49) In some cases, uniform accessibility requirements for the built environment would facilitate the unhindered provision of the services offered there and the freedom of movement of people with disabilities. According to this Directive, Member States should therefore be able to stipulate that the built environment used for the provision of the services covered by this Directive must meet the accessibility requirements of Annex III.

  • (50) Accessibility should be achieved by systematically removing barriers and preventing new ones from emerging, preferably by using a concept such as “universal design” or “design for all” that helps ensure equal access for people with disabilities. According to the UN Disability Rights Convention, this concept describes “a design of products, environments, programs and services in such a way that they can be used by all people as much as possible without adaptation or a special design”. According to the UN Convention on the Rights of Persons with Disabilities, “'universal design' should not exclude tools for certain groups of people with disabilities, insofar as they are needed”. Furthermore, accessibility should not preclude the taking of reasonable accommodation when required by Union or national law. Accessibility and universal design should be interpreted in line with General Comment No. 2 (2014) of the Committee on the Rights of Persons with Disabilities on Article EU_RL_2019_882 Article 9: Accessibility.

  • (51) Products and services that are the subject of this Directive do not automatically fall within the scope of Council Directive 93/42 / EEC to footnote [18]. However, some assistive technologies that are medical devices could fall within the scope of the aforementioned directive.

  • (52) Most jobs in the Union are provided by SMEs and micro-enterprises. These companies, which are central to future growth, very often face hurdles and obstacles in the development of their products or services, especially in a cross-border context. It is therefore necessary to harmonize the national accessibility regulations - while maintaining the necessary guarantees - in order to make the work of SMEs and micro-enterprises easier.

  • (53) In order to benefit from this Directive, micro and SMEs must meet the requirements of Commission Recommendation 2003/361 / EC to footnote [19] and the relevant case law aimed at preventing circumvention of the provisions of the Recommendation.

  • (54) In order to ensure the consistency of Union law, this Directive should be based on Decision No 768/2008 / EC of the European Parliament and of the Council to footnote [20] because it concerns products that are already the subject of other Union acts, while at the same time recognizing the specific characteristics of the accessibility requirements of this Directive.

  • (55) All economic operators that fall within the scope of this Directive and are part of the supply and distribution chain should ensure that they only make products available on the market which comply with this Directive. The same should apply to economic operators who provide services. It is necessary to ensure a clear and proportionate division of duties that corresponds to the role of each actor in the supply and distribution process.

  • (56) Economic operators should be responsible for the compliance of products and services, depending on their role in the supply chain, in order to ensure a high level of accessibility protection and fair competition in the Union market.

  • (57) The obligations under this Directive should apply equally to economic operators in the public and private sectors.

  • (58) Since the manufacturer has a detailed understanding of the design and manufacturing process, he is best placed to carry out the entire conformity assessment. While the responsibility for the conformity of the products remains with the manufacturer, the market surveillance authorities should play a crucial role in verifying that products made available in the Union are manufactured in accordance with Union law.

  • (59) Importers and distributors should be involved in the market surveillance tasks of the national authorities and should actively participate by providing the competent authorities with all the necessary information on the respective product.

  • (60) Importers should ensure that products entering the Union market from third countries comply with this Directive and, in particular, they should ensure that manufacturers have carried out appropriate conformity assessment procedures for the products concerned.

  • (61) When placing on the market, importers should indicate the name, registered trade name or trademark and the address at which they can be contacted on the products they place on the market.

  • (62) Distributors should ensure that their handling of the product does not adversely affect its compliance with the accessibility requirements of this Directive.

  • (63) Any economic operator who places a product on the market under his own name or brand or who modifies a product that has already been placed on the market in such a way that this could affect its conformity with the applicable requirements should be considered a manufacturer and the obligations perceive the manufacturer.

  • (64) For reasons of proportionality, accessibility requirements should only be applied to the extent that they do not impose a disproportionate burden on the economic operator concerned and that they do not require a substantial change in the products or services that would lead to a fundamental change in the light of this Directive. However, there should be control mechanisms so that the authorization for exemption from the applicability of the accessibility requirements can be checked.

  • (65) This Directive should be based on the 'think small first' principle and take into account the administrative burden on SMEs. It should contain lean rules for conformity assessment as well as safeguard clauses for economic operators instead of general exceptions and special regulations for these companies. Consequently, when establishing the rules for selecting and applying the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the scope of the obligations related to the conformity assessment of accessibility requirements should be such that they do not impose a disproportionate burden on SMEs. Market surveillance authorities should also take due account of the size of the company and the small-scale or non-series nature of the production concerned, and should not create unnecessary obstacles for SMEs or neglect the protection of the public interest.

  • (66) In exceptional cases where compliance with the accessibility requirements of this Directive would impose a disproportionate burden on economic operators, they should only be obliged to comply with the requirements if this does not result in a disproportionate burden. In such duly justified cases, it might not be possible for an economic operator to apply one or more of the accessibility requirements of this Directive in full. The economic operator should, however, make services or products covered by this directive as accessible as possible by applying these requirements, as this does not result in a disproportionate burden. These accessibility requirements, which from the point of view of the economic operator do not represent a disproportionate burden, should be applied without restriction. The exceptions to the fulfillment of one or more accessibility requirements due to a disproportionate burden imposed by them should not go beyond what is absolutely necessary to limit the burden for the respective product or service concerned. Measures which would impose a disproportionate burden should be understood to mean measures which impose an additional, excessive organizational or financial burden on the economic operator, taking into account the likely benefits for people with disabilities in accordance with the criteria set out in this Directive. Criteria based on these considerations should be established so that both economic operators and competent authorities are able to compare different situations and systematically assess whether there is a disproportionate burden. When assessing the extent to which accessibility requirements cannot be met because they would create a disproportionate burden, only legitimate reasons should be taken into account. Lack of priority, time, or knowledge should not be considered legitimate reasons.

  • (67) The overall assessment of the disproportionate burden should be made using the criteria set out in Annex VI. The economic operator should document the assessment of a disproportionate burden taking into account the relevant criteria. Service providers should renew their disproportionate burden assessment at least every five years.

  • (68) The economic operator should inform the competent authorities that he has relied on the fundamental modification and / or disproportionate burden provisions. The economic operator should only provide a copy of the assessment at the request of the competent authorities, stating why his product or service is not fully accessible and demonstrating the disproportionate burden, the fundamental change, or both.

  • (69) If, on the basis of the mandatory assessment, a service provider finds that the requirement that all self-service terminals used to provide services covered by this Directive must meet the accessibility requirements of this Directive would constitute a disproportionate burden, the service provider should nevertheless meet those requirements to the extent that as these requirements are not associated with any disproportionate burden for him. Service providers should therefore determine what level of limited accessibility in all self-service terminals or what limited number of fully accessible self-service terminals would enable them to avoid an otherwise disproportionate burden and only to this extent be obliged to comply with the accessibility requirements of this Directive.

  • (70) Micro-enterprises differ from all other enterprises by their limited human resources, limited annual turnover or limited annual balance sheet. The burden of complying with the accessibility requirements therefore generally demands a larger proportion of their financial and human resources for micro-enterprises than for other companies; it is therefore more likely that this represents a disproportionate share of the cost. A significant proportion of the costs for micro-businesses arise from the creation or maintenance of documents and records to prove compliance with the various requirements in Union law. Whilst all economic operators covered by this Directive should be able to assess the proportionality of compliance with the accessibility requirements under this Directive and only comply with them to the extent that they are not disproportionate, requiring such an assessment of micro-enterprises providing services would already represent a disproportionate burden in themselves. The requirements and obligations under this Directive should therefore not apply to micro-enterprises providing services within the scope of this Directive.

  • (71) This Directive should include easier requirements and obligations for micro-enterprises dealing with products falling within the scope of this Directive in order to reduce the administrative burden.

  • (72) While some micro-enterprises are exempted from the obligations of this Directive, all micro-enterprises should be encouraged to manufacture, import and distribute products and provide services that meet the accessibility requirements of this Directive in order to increase their competitiveness and growth potential in the internal market . Member States should therefore provide guidelines and tools for micro-enterprises to facilitate the application of national measures to implement this Directive.

  • (73) All economic operators should act responsibly and in full compliance with applicable legal requirements when placing or making products available on the market or when providing services on the market.

  • (74) In order to facilitate the assessment of conformity with the applicable accessibility requirements, a presumption of conformity should be assumed for those products and services that correspond to the voluntary harmonized standards established in accordance with Regulation (EU) No. 1025/2012 of the European Parliament and of the council to footnote [21] have been adopted for the purpose of developing detailed technical specifications for these requirements. The Commission has already given the European standardization organizations several standardization orders in connection with accessibility, such as standardization orders M / 376, M / 473 and M / 420, which would be relevant for the development of harmonized standards.

  • (75) Regulation (EU) No 1025/2012 contains a procedure for formal objections to harmonized standards that are deemed not to meet the requirements of this Directive.

  • (76) European standards should be market-driven, take into account the public interest and political objectives - clearly formulated in the mandate given by the Commission to one or more European standardization organizations to develop harmonized standards - and based on consensus. If there are no harmonized standards and if there is a need to harmonize the internal market, the Commission should, in certain cases, be able to adopt implementing acts with technical specifications for the accessibility requirements contained in this Directive. The use of technical specifications should be limited to these cases. For example, the Commission should be able to issue technical specifications when the standardization process is blocked due to a lack of consensus among stakeholders, or in the event of undue delays in setting a harmonized standard, for example because the required quality is not achieved. The Commission should allow a sufficiently long period between the commissioning of one or more European standardization organizations to develop harmonized standards and the adoption of technical specifications for the corresponding accessibility requirements. The Commission should not be able to issue technical specifications unless it has made prior efforts to ensure that the accessibility requirements are met through the European standardization system, unless it can demonstrate that the technical specifications comply with the requirements set out in Annex II of Regulation (EU) No. 1025/2012 meet the requirements specified.

  • (77) In order to introduce harmonized standards and technical specifications that most effectively meet the accessibility requirements for products and services set out in this Directive, the Commission should, where possible, involve the European umbrella organizations for people with disabilities and all other relevant stakeholders in the process.

  • (78) In order to ensure effective access to the information necessary for the declaration of compliance with all applicable Union legal acts, that information should be provided in a single EU declaration of conformity. In order to reduce the administrative burden for economic operators, they should be able to include all relevant individual declarations of conformity in the single EU declaration of conformity.

  • (79) For the conformity assessment of products, this Directive should use the procedure "Internal production control (Module A)" described in Annex II of Decision No. 768/2008 / EC, because economic operators and the competent authorities can use it to demonstrate or can ensure that the products made available on the market meet the accessibility requirements.

  • (80) When carrying out market surveillance of products and checking the conformity of services, authorities should also check whether the conformity assessments, including the assessment of the fundamental change or disproportionate burden, have been carried out correctly. The authorities should also carry out their tasks with the participation of people with disabilities and the associations that represent them and their interests.

  • (81) The information required to assess compliance with the accessibility requirements of this Directive in the case of services should be without prejudice to Directive 2011/83 / EU of the European Parliament and of the Council to footnote [22] be included in the general terms and conditions or a similar document.

  • (82) The CE marking, which shows the conformity of a product with the accessibility requirements of this Directive, is the visible result of an entire process that includes the conformity assessment in the broader sense. This directive should be based on the general principles of Regulation (EC) No. 765/2008 of the European Parliament and of the Council on accreditation and market surveillance in connection with the marketing of products, which apply to CE marking to footnote [23] orientate. In addition to the EU declaration of conformity, manufacturers should inform consumers about the accessibility of their products in a cost-effective manner.

  • (83) According to Regulation (EC) No.765/2008, the manufacturer declares by affixing the CE mark that the product in question meets all applicable accessibility requirements and that the manufacturer assumes full responsibility for them.

  • (84) According to Decision No 768/2008 / EC, Member States are responsible for ensuring strict and efficient market surveillance of products on their territory and should give their market surveillance authorities sufficient powers and resources.

  • (85) Member States should check the compliance of services with the requirements of this Directive and investigate complaints or reports of non-compliance so that corrective action can be taken.

  • (86) The Commission could, where appropriate, in consultation with stakeholders, adopt non-binding guidelines; this promotes coordination between the market surveillance authorities and between the authorities responsible for monitoring the conformity of services. The Commission and the Member States should be able to take initiatives to share resources and expertise between the authorities.

  • (87) Member States should ensure that the market surveillance authorities and the authorities responsible for monitoring the conformity of services check, in accordance with Chapters VIII and IX, that economic operators comply with the criteria set out in Annex VI. Member States should be able to designate a specialized body to carry out the duties of the market surveillance authorities or the authorities responsible for monitoring the conformity of services under this Directive. Member States should be able to decide that the responsibilities of such a specialized body are limited to the scope of this Directive or certain parts of this Directive, without prejudice to the obligations of Member States under Regulation (EC) No 765/2008.

  • (88) A safeguard mechanism should be put in place to apply when Member States disagree on the measures taken by a Member State and to inform interested parties when measures are to be taken in relation to products that meet the accessibility requirements of this Directive not meet. The safeguard procedure should enable the market surveillance authorities to intervene at an earlier stage in the case of such products in cooperation with the relevant economic operators.

  • (89) If the Member States and the Commission agree that a measure taken by a Member State is justified, the Commission should only need to take action if the non-compliance can be traced back to inadequacies in a harmonized standard or technical specification.

  • (90) In directives 2014/24 / EU to footnote [24] and 2014/25 / EU to footnote [25] of the European Parliament and of the Council on public procurement, in which procedures for the award of public contracts and the implementation of competitions for certain supplies (products), services and construction work are determined, stipulates that for any procurement intended for use by natural Persons - regardless of whether it is intended by the general public or the staff of the contracting authority - the technical specifications - except in duly justified cases - are drawn up in such a way that the accessibility criteria for people with disabilities or the conception for all users are taken into account. Furthermore, these directives provide that - if mandatory accessibility requirements are enacted by a legal act of the Union - the technical specifications, as far as the criteria of accessibility for people with disabilities or the design for all users are concerned, must refer to them. This Directive should set out mandatory accessibility requirements for products and services that fall within its scope. For products and services that do not fall within the scope of this guideline, the accessibility requirements of this guideline are not mandatory. However, the use of these accessibility requirements for the fulfillment of the relevant obligations contained in Union legal acts other than this Directive would facilitate the implementation of accessibility and contribute to legal certainty and the harmonization of accessibility requirements across the Union. Public authorities should not be prevented from setting accessibility requirements beyond those set out in Annex I to this Directive.

  • (91) This Directive should not change the mandatory or voluntary nature of the accessibility provisions in other Union acts.

  • (92) This Directive should only apply to procurement procedures for which the call for competition was issued after the date of application of this Directive or, if no call for competition is foreseen, for which the contracting authority or the contracting authority initiated the procurement process after the date of application of this Directive .

  • (93) In order to ensure the correct application of this Directive, the Commission should be empowered to adopt acts in accordance with Article 290 TFEU relating to: further clarification of those accessibility requirements which, by their very nature, can only have the intended effect; if they are further specified by binding legal acts of the Union; Change in the period during which economic operators must be able to identify the other economic operators from whom they have purchased a product or to whom they have sold a product; Finally, further clarification of the relevant criteria that the economic operator must take into account when assessing whether compliance with the accessibility requirements would represent 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 set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making to footnote [26] were laid down. In particular, in order to ensure an equal participation in the drafting of delegated acts, the European Parliament and the Council receive all documents at the same time as the experts from the Member States, and their experts have systematic access to the meetings of the Commission's expert groups involved in the preparation of the delegated acts are concerned.

  • (94) In order to ensure uniform conditions for the implementation of this Directive, implementing powers for the establishment of technical specifications should be conferred on the Commission. These powers should be in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council to footnote [27] be exercised.

  • (95) Member States should ensure that appropriate and effective measures are in place to ensure compliance with this Directive and should therefore put in place appropriate control mechanisms, such as post-market surveillance by market surveillance authorities, to verify whether an exemption from accessibility requirements has occurred is justified. When dealing with complaints related to accessibility, Member States should respect the general principle of good administration and, in particular, the duty of officials to ensure that decisions on complaints are taken within a reasonable time.

  • (96) In order to facilitate the uniform implementation of this Directive, the Commission should set up a working group composed of relevant authorities and stakeholders to facilitate the exchange of information and best practice and to advise the Commission. Cooperation between authorities and relevant stakeholders, including people with disabilities and their representative associations, should be encouraged, inter alia to improve the consistency of the application of the provisions of this Directive on accessibility requirements and to monitor the implementation of its provisions on fundamental change and disproportionate burden .

  • (97) Given the existing legal framework for redress in the areas governed by Directives 2014/24 / EU and 2014/25 / EU, the provisions of this Directive relating to enforcement and penalties should not apply to procurement procedures following the are subject to obligations contained in this Policy. This exception is without prejudice to the obligations under the Treaties on the Member States to take all measures to guarantee the application and effectiveness of Union law.

  • (98) In order not to serve economic operators as an alternative to meeting accessibility requirements for their products or services, sanctions should be proportionate to the nature of the infringement and the circumstances.

  • (99) Member States should ensure that alternative dispute resolution mechanisms are in place in accordance with applicable Union law, so that cases of suspected non-compliance with this Directive are able to be resolved before they are brought before a court or competent authority.

  • (100) In the Joint Political Declaration of the Member States and the Commission of 28 September 2011 on explanatory documents to footnote [28] Member States have undertaken to ensure that, in justified cases, in addition to the notification of their transposition measures, one or more documents are sent out which explain the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this directive, the legislature considers the transmission of such documents to be justified.

  • (101) In order for service providers to have sufficient time to adapt to the requirements of this Directive, a transitional period of five years from the date of application of this Directive is required, during which products for the provision of a service that were placed on the market before that date do not Must meet the accessibility requirements of this Directive unless they are replaced by service providers during this transition period. In view of the cost and long lifespan of self-service terminals, it should be stipulated that, if those terminals are used for the provision of services, they may continue to be used until the end of their lifespan as long as they are not replaced during this period, but no longer than 20 years.

  • (102) The accessibility requirements of this Directive should apply to products or services that are placed on the market or provided after the date of application of the national measures implementing this Directive, including used and second-hand products imported from and into a third country Time to be placed on the market.

  • (103) This Directive is in line with fundamental rights and principles recognized in particular by the Charter of Fundamental Rights of the European Union (Charter of Fundamental Rights). This Directive aims in particular to ensure the full recognition of the right of persons with disabilities to measures to ensure their independence, social and professional integration and participation in community life and to ensure the application of Articles EUGRCHARTA2007 Article 21, EUGRCHARTA2007 Article 25 and EUGRCHARTA2007 Article 26 of the Charter of Fundamental Rights.

  • (104) Since the objective of this Directive, namely to remove obstacles to the free movement of certain accessible products and services and thus to contribute to the smooth functioning of the internal market, cannot be sufficiently achieved by the Member States because of the harmonization of the different legal systems that exist Regulation is required, but rather can be better achieved by establishing uniform accessibility requirements and rules for the functioning of the internal market at Union level, the Union can act in accordance with the subsidiarity principle anchored in Article 5 TEU2009 of the Treaty on European Union. In accordance with the principle of proportionality referred to in the same article, this Directive does not go beyond what is necessary to achieve that objective,