The proposal of an EU wide reaching European Accessibility Act (EAA) which intends to make the compulsory manufacturing, distribution and rendering of accessible products and services in the banking, telephone, audio visual media, and transport and E-Commerce sectors finally possible, was launched by the European commission in December 2015. Since than long, strenuous and thorough negotiations in the relevant EU institutions have taken place. EBU, EDF, Age platform, Anec and many other European and national organizations, representing the interests of over 80 million disabled persons have jointly advocated for an ambitious and strong EAA, elevating the interests and essential human rights of disabled persons over the interests of public and private enterprises.
On the other side key industry players, national governments and national public authorities have been trying to influence EU institutions to downgrade the Commission’s initial proposal to protect enterprises, avoid increased costs and to release public authorities and private companies from their responsibilities. The results of both clashing demands from the disability movement, and the industry and other stakeholders resulted in the adoption of the first final report voted in the European parliament plenary on the 14th September 2017. The final report was adopted by 537 MEPs in favour, 89 abstentions and 12 against. Find a comprehensive article about the meaning, main requirements and EBU’s demands of the EAA in the previous EBU Newsletter.
On a very positive note the final report of the EAA obliges EU member states to include the built environment around the services and products of the Act’s scope. This means that not only a ticket machine needs to be accessible but also its surrounding environment like the path and the building, junction or station at which it is located. Unfortunately this obligation refers only to new buildings or major renovations. The Commission’s initial proposal had left it at the discretion of the EU member states to include the built environment in their national legislation. This represents a wonderful success for the disability movement, which needs to be strengthened to guarantee accessibility before major renovations or new building works.
Another remarkable success for us is that the EAA involves references to other vital EU acts, which oblige the EU to subsidize and invest in accessibility. The accessibility requirements will refer to EU directives concerning public procurement in various areas, to the European Structural fund, to EU investment funds concerning transport and its infrastructure and other important EU funds. These references ensure that the taxes of EU citizens will be used to finance accessible buildings, transport and the other products in the acts' scope.
Sectorial legislation which concerns the products and services of the EAA need to align their accessibility requirements towards the functional accessibility requirements it contains. In practice this will lead to consistent EU wide applicable accessibility requirements which will harmonize production and create a uniform accessibility standard within the EU.
The participation of disability organizations to be included in consultation and drafting processes was strengthened by the European parliament. Examples are: to devise guidelines for enterprises for their assessment of a disproportionate burden or instruments to support national market surveillance authorities in their verification and decision process to grant or deny exemptions from the accessibility requirements of the act. EU member states are obliged to establish national databases listing inaccessible products and services. Furthermore, consumers must be informed about complaints procedures if they are affected by the use of inaccessible products and services.
Besides automated teller machines, check-in and ticketing machines and banking terminals the European parliament’s final report requires payment terminals which relate to the services of the Act’s scope to be accessible. A great milestone in this area, since accessibility requirements for payment terminals are still lacking.
As previously said, the final report also contains some new requirements which, if put into practice, would have a tremendously adverse effect on improved accessibility of goods and services.
Micro enterprises are exempt from the obligations of this directive. Consequently this means that EBooks from small publishers or small online retailers do not need to make their EBooks and websites accessible. Medium sized enterprises are still not obliged to inform market surveillance authorities if they create inaccessible products and services. Only if the market surveillance authorities request this information will they have to explain the reasons for their noncompliance.
Unfortunately the EU parliament adopted some other negative stipulations which will be thoroughly analyzed on EBU’s website later.
The council has not yet published its final position. Looking at recent reports the prospects do not look very promising. It is up to us to convince national governments to fight for strong EU legislation which will incorporate accessibility as an ambitious, rewarding and achievable goal and a prerequisite in this directive.