Accessible Goods and Services:the EU approach as part of theDisability Strategy 2010-2020

Inmaculada PlacenciaEuropean Commission

DG Justice

European Accessibility Act

• Article 3 Accessibility as a general principle

• Article 9 Accessibility

• State parties to undertake appropriate measures to ensure equal access for persons with disabilities to:

• the physical environment• transportation• information and communications• including information and communications technologies and systems & internet• other facilities and services open or provided to the public, both in urban and

in rural areas

Accessibility and UNCRPD

Accessibility and UNCRPD

• A) To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;

• C) To ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility

• H) Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost -> Design for All

UN Convention on the Rights of Persons with Disabilities Art 9

Member States

General Transport Built environment ICT

legislation

Legislation

Standards Legislation

Standards Legislation

Standards

  Regulation Guidelines Regulation Guidelines Regulation Guidelines

Austria AT N+R   N R N N  

Belgium (federal) BE   N+R N+R R R N+R N+R

Bulgaria BG   N N N N N N

Cyprus CY X X   X      

Czech Republic CZ   X   X X X  

Germany DE N+R R   N+R N+R N+R  

Denmark DK   N N N     N

Estonia EE   N   N   N N

Greece EL   N   N      

Spain ES N N+R   N+R   N  

Finland FI       X X    

France FR N N N N N N N

Hungary HU       X   X  

Ireland IE N   N N N+R   N

Italy IT   N   N+R   N  

Luxembourg L   N   N N   N

Lithuania LT              

Latvia LV   X X X X X X

Malta MT N     N N   N

The Netherlands NL   N N N N N+R  

Poland PL   N   N   N  

Portugal PT N N N N+R N N N

Sweden SE   N   N N N N

Slovenia SI     N N N N  

Slovak Republic SK   N   N   N  

United Kingdom UK N N   N N    

EU Declaration of Competences UNCRPD Accessibility

• UNCRPD list illustrating EU competences …regarding accessibility

• DG ENTR • radio & terminal equipment, lifts, machinery (platforms), buses, medical products

• DG MOVE• high-speed rail system, inland waterway vessels and passenger ships, motor vehicles and their

trailers, and of systems, technical specification of interoperability relating to ‘persons with reduced mobility’ in the trans-European conventional and high-speed rail system, rights of disabled persons and persons with reduced mobility when travelling by air

• DG INFSO• regulatory framework for electronic communications networks and services, universal service

and users’ rights relating, television broadcasting activities

• DG MARKT• 4 PP directives (water, energy, transport and telecommunications sectors, public works

contracts, public supply contracts and public service contracts, postal services and the improvement of quality of services), information society services, harmonisation of certain aspects of copyright and related rights in the information society

• DG REGIO• European Regional Development Fund, the European Social Fund and the Cohesion Fund and

repealing Regulation

Art 19 TFEU Treaty proposal COM (2008) 426

• Scope• Social protection, including social security and healthcare;• Social advantages;• Education;• Access to and supply of goods and other services which are

available to the public, including housing.

• Principle of equal treatment of persons with disabilities• Art 4

• Effective non-discriminatory access (accessibility)• Anticipatory• Conditions:

Disproportionate burdenFundamental alterationProvisions of alternatives

• Reasonable accommodation • Conditions:

Disproportionate burden

Recent developments●Revision of the Public Procurement Directives COM(2011) 896 ◦

article 40 technical specifications◦ article 61 quality assurance standards (accessibility) ◦article 66 award of contracts (accessibility) ◦ article 84 public oversights (report includes

accessibility)

● New Structural Funds regulation COM(2011) 615◦ Article 7 on discrimination

◦ Article 87 operational programmes: description disability and accessibility

◦ article 100 monitoring: disability and accessibility◦ article 101 reporting: disability and accessibility◦ ex ante conditionalities: UN Convention and accessibility

● Proposal for Trans European Networks ◦ article 4 objectives (accessibility)◦ article 10 priorities (accessibility) ◦article 39 use of new technologies (accessibility) ◦ article 43 accessibility for all users

Accessibility Mandate 376 and 420

• Work approach:• Inventory Phase I• Conformity assessment

Self declaration – Third partyVoluntary – Mandatory

– Reliable– Reproducible– Independent– Clear meaning– Transparent– Testable

• Standards development Phase II• Toolkit• Supporting participation of persons with disabilities

• http://ec.europa.eu/enterprise/standards_policy/mandates/database/index.cfm?fuseaction=refSearch.search

Mandate 473 to include Accessibility following DFA in relevant standardization activities

• Issued in September 2010

• Process to identify standardisation deliverables and areas relevant for disability

• Develop standardisation work programme

• Review and amend standards in priority areas

• Develop a new standard ( or other deliverable) on how manufacturing industry an public and private service providers can consider accessibility in their processes

Problem Definition

• Insufficient accessible goods and services • Fragmentation of the EU Market • Drivers for accessibility in the EU:

• Ageing of the population • UN Convention on the Rights of Persons with

Disabilities

• Weak enforcement of existing rules

EU competence in UNCPRD matters

EU

competence

UNCPRD

MS competences

EU Competences

Exclusivecustoms union

competition

single currency

...*Shared

Single market

Social Affairs

Transport

Consumer protection

...*

Supporting &

Coordinating &

SupplemetingCulture, Employment

Education, Vocational Training,

Youth and Sport

...*

*not

exhaustive

Basic rules for EU action

•Can the EU act? Competence rules regulates whether the EU can act

•Should the EU act? Subsidiarity regulates whether the EU should act

•How should the EU act? The principle of proportionality regulates the nature and form of EU action

Objectives

• - To remove market fragmentation• - To create economies of scale• - To remedy market failures • - To increase competition among industry on

accessibility• - To improve the availability in the market of

accessible goods and services

Accessibility related standardization work at EU level

• Mandate 376: Accessibility requirements for public procurement of products and services in the ICT domain

• Mandate 420: Accessibility requirements for public procurement in the Built Environment (including transport infrastructures)

• Mandate 473 to include Accessibility following Design For All in relevant standardization activities

• Mandate 371 Services (several sectors, including tourism and transport for people with disabilities)

• Others…..

EC Work Programme 2012, item 99

• European Accessibility Act: improving accessibility of goods and services in the Internal Market

• “Proposal for a Directive to improve the market of goods and services that are accessible for persons with disabilities and elderly persons, based on a “design for all” approach.

• This business friendly initiative will include binding measures to promote procurement and harmonisation of accessibility standards.”

Cost – Benefit Study (supporting the preparation of an impact assessment, which is currently being drafted by the Commission)

PROGRESS ProgrammeStudy on the situation of accessibility in Europe and related cost benefit analysis of measures to improve implementation in the areas of transport, ICT and physical environment and related goods, services and infrastructures.

Key issues of the study• Contractor: Deloitte

• Approach• Internal market• Industry problems• Accessibility relevant goods and services• Industry/User barriers• Relevant sectors• Options • Assessment of impacts

• Time line Deliverables• 2nd interim report June 2012• Final draft report September 2012

Main Questions for IA

• What are priority goods and services for accessibility in the EU?

• For which goods and services can we provide data about existing or likely

• internal market obstacles?

Consultations (I)• Eurobarometer carried out in March 2012

• Socio-demographic questions • Disaggregated by disability• Perception and experience of:

Accessibility problemsParticipationImpact on life activities and independency

• Familiarity with Disability policies (EU, UNCRPD)Existing accessibility rulesNeed/Benefit of EU rulesObligations to economic operatorsComplaint mechanisms

There was encouraging feedback regarding the benefits of an Internal Market where there are more accessible goods & services

Consultations (II)

• Online public consultation (under analysis)• Opened: 12 December 2011 / Closed: 29 February 2012• Your Voice in Europe IPM (Interactive Policy Making)• Over 800 responses: mostly from individuals and DPOs, but also

from business/industry companies).• Most relevant goods and services: all related to daily life activities.• Problems: lack of enforcement and/or application of the

existing legislation being the most prominent one.• Suggestions for actions: such as legislation; enforcement

mechanisms; cooperation between public bodies; standardisation.• Benefits: increased demand for accessible goods and services;

increased participation/integration in society and increased access to information and communication.

Consultations (III)

• SME Panel via Enterprise Europe Network (under analysis)• IPM (Interactive Policy Making)• More than 100 replies• Most of the companies being familiar with the concept of accessibility and half of

them producing/providing accessible goods and services• Companies expressed their views on problems in the Internal Market, costs and

benefits related to them and the best ways to address them

• Targeted interviews with relevant stakeholders by contractor

• Inter-Service Steering Group• Danish Presidency conference, 5-6 March, Copenhagen• DHLG discussions with Member States experts and specific

contributions to the HLG Report on accessibility

Other contributions

• Other contributions from interested parties are welcome and may include:

• - views on a European Accessibility Act;• - market data in particular sectors: • costs and benefits of producing accessible goods

or providing accessible services

Access City Award

• Awareness raising on urban accessibility: (transport, buildings and public spaces, ICT, public services provision

• Commitment to improvements in accessibility

• Role model to inspire other cities

• Promote best practices• First Launch of the competition 2010

•Award 2011 Avila, •Award 2012 Slazburg,

Useful weblinks

• European Disability Strategy 2010-2020: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF

• Initial plan to implement the Strategy: List of Actions 2010-2015: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52010SC1324:EN:NOT

• United Nations Convention on the Rights of Persons with Disabilities: http://www.un.org/disabilities/