“ European Accessibility Act: the Facts ”

“European Accessibility Act: the Facts” 29/03/2017 Frank Sioen and Rebecca Farren European Network on Independent Living - ENIL

Overview • Context: what has the EU done for disabled people so far? • What is the EAA and why have it? • Scope: what is included in the Act and what is left out? • ENIL's Position • What do other stakeholders think? • Accessibility? Act! Protest and Debate • Next steps and Key Upcoming Dates • How can you get involved? • Questions and discussion

Context • The EU has some legislation relating to disability discrimination • Transport (train to Paris) and employment (direct and indirect) • Ratified the UN CRPD in 2010 • However, some national legislation goes further • Member States generally left to legislate on their own on disability, as EU operates on the policy of non-interference except where member states are unable to legislate adequately by themselves (subsidiarity)

What is the European Accessibility Act? • Proposal for a directive of the European Parliament and the council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements of products and services. • Act of European Parliament which would require all Member States to meet certain accessibility standards of certain products and services • Not yet law, currently being debated

Why have it? • The European Commission wants to fulfill its commitment to the UN CRPD and work towards equality for disabled people • Broaden existing legislation • Harmonise standards of accessibility across the EU • Free movement of accessible services

Scope: What products and services are included? • The Act only covers a specific set of products and services  what is not included is not covered • EAA or E-AA?

Scope: What counts as accessible? • Functional accessibility standards • Not define the way but the goal • However fully useable or a useable option? • Important to outline different kinds of useable (no text, no speech, no vision, no touch, etc). • Business argument: it will block innovation and could be a disproportionate burden. Really? 

Scope: What is not included? • Only covers the listed products and services • Important: limited scope on the built environment - said it could be included but this would be up to Member States to decide • So you could have an accessible ATM in an inaccessible bank! • Or an accessible desktop without a keyboard  Functional Scope to go with functional requirements?

Who is responsiblefor implementing the Act? • Proposal only says what should be made accessible; it is up to Member States to decide exactly how this is done • Everyone involved in the process has responsibility for making sure a product or service is up to standard - manufacturer, importers and distributors • Manufacturers primarily responsible for ensuring it complies and must certify it meets standards by putting an EC Label on it • Up to member states to deal with non-conformity • Individuals can complain to a Member State if they believe a product doesn't meet the standard • Member States have 6 years to implement the Act once it comes into force

ENIL’s Position • Happy that the EAA is finally going to be implemented • However, we think it must include the built environment for it to have a real impact • Shouldn't be up to individuals to spot and report non-compliance, there should be a comprehensive enforcement system in place • 6 years is too long, should be reduced to the life-cycle of a product

Whatdo stakeholders think? • Many agree with ENIL that the built environment must be included in the Act, e.g. European Disability Forum, Transport Committee • Transport Committee also wants inter-city travel, e.g. the metro to be included • However, some want to reduce the scope of the Act - saying that it should remove reference to the built environment altogether, e.g. France and Denmark • Culture committee wants audio-visual media services and e-books to be removed as they say it contradicts existing legislation on cultural diversity

Accessibility? Act! Protest and Debate

Next steps and Key Upcoming Dates • 30 March, 15.00h - 17.00h: Technical meeting • 3 April: vote in EMPL • 5 April, 16.00h - 18.00h: Shadows meeting • 21 April: Council Working party meeting • 25 April: Vote in IMCO • 15 June: EPSCO meeting - Council general approach

What can we do? • Contact your MEP or national minister and tell them what you think of the Act! • Find out who your MEP is and their contact details: • http://www.europarl.europa.eu/meps/en/full-list.html • Template letter from ENIL • ENIL Position Paper and amendments

Links • European Parliament overview page: http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=&reference=2015/0278(COD) • Working Party on Social Questions: http://www.consilium.europa.eu/en/council-eu/preparatory-bodies/working-party-social-questions/ • COPEPER 1: http://www.consilium.europa.eu/en/documents-publications/ • European Commission overview page: http://ec.europa.eu/social/main.jsp?catId=1202 • ENIL website on the Act: http://enil.eu/news/enils-position-on-the-european-accessibility-act/ • General EU studies textbook: https://he.palgrave.com/companion/Nugent-The-Government-And-Politics-Of-The-European-Union/

Thank you!frank.sioen@enil.euENIL www.enil.eu ENIL Brussels Office Mundo J, Rue de l’Industrie 10, 1000 Brussels, Belgium Tel: 0032 (0)2 893 25 83

“ European Accessibility Act: the Facts ”