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

The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.

1. Where the national measure referred to in paragraph 1 is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant product is withdrawn from their market, and shall inform the Commission accordingly. Where the national measure is considered unjustified, the Member State concerned shall withdraw the measure.

1. Where the national measure referred to in paragraph 1 of this Article is considered justified and the non-compliance of the product is attributed to shortcomings in the harmonised standards referred to in point (b) of Article 20(5), the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.

1. Where the national measure referred to in paragraph 1 of this Article is considered justified and the non-compliance of the product is attributed to shortcomings in the technical specifications referred to in point (b) of Article 20(5), the Commission shall, without delay, adopt implementing acts amending or repealing the technical specification concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Article 22

Formal non-compliance

1. Without prejudice to Article 20, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 18 of this Directive;

(b) the CE marking has not been affixed;

(c) the EU declaration of conformity has not been drawn up;

(d) the EU declaration of conformity has not been drawn up correctly;

(e) technical documentation is either not available or not complete;

(f) the information referred to in Article 7(6) or Article 9(4) is absent, false or incomplete;

(g) any other administrative requirement provided for in Article 7 or Article 9 is not fulfilled.

1. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or to ensure that it is withdrawn from the market.

CHAPTER IX

Compliance of services

Article 23

Compliance of services

1. Member States shall establish, implement and periodically update adequate procedures in order to:

(a) check the compliance of services with the requirements of this Directive, including the assessment referred to in Article 14 for which Article 19(2) shall apply mutatis mutandis;

(b) follow up complaints or reports on issues relating to non-compliance of services with the accessibility requirements of this Directive;

(c) verify that the economic operator has taken the necessary corrective action.

1. Member States shall designate the authorities responsible for the implementation of the procedures referred to in paragraph 1 with respect to the compliance of services.

Member States shall ensure that the public is informed of the existence, responsibilities, identity, work and decisions of the authorities referred to in the first subparagraph. Those authorities shall make that information available in accessible formats upon request.

CHAPTER X

Accessibility requirements in other Union acts

Article 24

Accessibility under other Union acts

1. As regards the products and services referred to in Article 2 of this Directive, the accessibility requirements set out in Annex I thereto shall constitute mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and of Article 60(1) of Directive 2014/25/EU.

1. Any product or service, the features, elements or functions of which comply with the accessibility requirements set out in Annex I to this Directive in accordance with Section VI thereof shall be presumed to fulfil the relevant obligations set out in Union acts other than this Directive, as regards accessibility, for those features, elements or functions, unless otherwise provided in those other acts.

Article 25

Harmonised standards and technical specifications for other Union acts

Conformity with harmonised standards and technical specifications or parts thereof which are adopted in accordance with Article 15, shall create a presumption of compliance with Article 24 in so far as those standards and technical specifications or parts thereof meet the accessibility requirements of this Directive.

CHAPTER XI

Delegated acts, implementing powers and final provisions

Article 26

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts referred to in Article 4(9) shall be conferred on the Commission for an indeterminate period of time from 27 June 2019.

The power to adopt delegated acts referred to in Article 12(3) and Article 14(7) shall be conferred on the Commission for a period of five years from 27 June 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

1. The delegation of power referred to in Article 4(9), Article 12(3) and Article 14(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

1. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

1. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

1. A delegated act adopted pursuant to Article 4(9), Article 12(3) and Article 14(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 27

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 28

Working Group

The Commission shall establish a working group consisting of representatives of market surveillance authorities, authorities responsible for compliance of services and relevant stakeholders, including representatives of persons with disabilities organisations.

The working group shall:

(a) facilitate the exchange of information and best practices among the authorities and relevant stakeholders;

(b) foster cooperation between authorities and relevant stakeholders on matters relating to the implementation of this Directive to improve coherence in the application of the accessibility requirements of this Directive and to monitor closely the implementation of Article 14; and

(c) provide advice, in particular to the Commission, notably on the implementation of Article 4 and Article 14.

Article 29

Enforcement

1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.

1. The means referred to in paragraph 1 shall include:

(a) provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;

(b) provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest, in ensuring that this Directive is complied with, may engage under national law before the courts or before the competent administrative bodies either on behalf or in support of the complainant, with his or her approval, in any judicial or administrative procedure provided for the enforcement of obligations under this Directive.

1. This Article shall not apply to procurement procedures which are subject to Directive 2014/24/EU or Directive 2014/25/EU.

Article 30

Penalties

1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.

1. The penalties provided for shall be effective, proportionate and dissuasive. Those penalties shall also be accompanied by effective remedial action in case of non-compliance of the economic operator.

1. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

1. Penalties shall take into account the extent of the non-compliance, including its seriousness, and the number of units of non-complying products or services concerned, as well as the number of persons affected.

1. This Article shall not apply to procurement procedures which are subject to Directive 2014/24/EU or Directive 2014/25/EU.

Article 31

Transposition

1. Member States shall adopt and publish, by 28 June 2022, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission.

1. They shall apply those measures from 28 June 2025.

1. By way of derogation from paragraph 2 of this Article, Member States may decide to apply the measures regarding the obligations set out in Article 4(8) at the latest from 28 June 2027.

1. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

1. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

1. Member States using the possibility provided for in Article 4(4) shall communicate to the Commission the text of the main measures of national law which they adopt to that end and shall report to the Commission on the progress made in their implementation.

Article 32

Transitional measures

1. Without prejudice to paragraph 2 of this Article, Member States shall provide for a transitional period ending on 28 June 2030 during which service providers may continue to provide their services using products which were lawfully used by them to provide similar services before that date.

Service contracts agreed before 28 June 2025 may continue without alteration until they expire, but no longer than five years from that date.

1. Member States may provide that self-service terminals lawfully used by service providers for the provision of services before 28 June 2025 may continue to be used in the provision of similar services until the end of their economically useful life, but no longer than 20 years after their entry into use.

Article 33

Report and review

1. By 28 June 2030, and every five years thereafter, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions a report on the application of this Directive.

1. The reports shall, inter alia, address in the light of social, economic and technological developments the evolution of the accessibility of products and services, possible technology lock in or barriers to innovation and the impact of this Directive on economic operators and on persons with disabilities. The reports shall also assess whether the application of Article 4(4) has contributed to approximate diverging accessibility requirements of the built environment of passenger transport services, consumer banking services and customer service centres of shops of electronic communications service providers, where possible, with a view to allowing their progressive alignment to the accessibility requirements set out in Annex III.

The reports shall also assess if the application of this Directive, in particular its voluntary provisions, has contributed to approximate accessibility requirements of the built environment constituting works falling within the scope of Directive 2014/23/EU of the European Parliament and of the Council

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

, Directive 2014/24/EU and Directive 2014/25/EU.

The reports shall also address the effects to the functioning of the internal market of the application of Article 14 of this Directive, including, where available, on the basis of information received in accordance with Article 14(8), as well as the exemptions for microenterprises. The reports shall conclude whether this Directive has achieved its objectives and whether it would be appropriate to include new products and services, or to exclude certain products or services from the scope of this Directive and they shall identify, where possible, areas for burden reduction with a view to a possible revision of this Directive.

The Commission shall, if necessary, propose appropriate measures which could include legislative measures.

1. Member States shall communicate to the Commission in due time all the information necessary for the Commission to draw up such reports.

1. The Commission’s reports shall take into account the views of the economic stakeholders and relevant non-governmental organisations, including organisations of persons with disabilities.

Article 34

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 35

This Directive is addressed to the Member States.

Done at Strasbourg, 17 April 2019.

For the European Parliament

The President

A. TAJANI

For the Council

The President

G. CIAMBA

Annex

ANNEX I

ACCESSIBILITY REQUIREMENTS FOR PRODUCTS AND SERVICES

Section I

General accessibility requirements related to all products covered by this directive in accordance with Article 2(1)

Products must be designed and produced in such a way as to maximise their foreseeable use by persons with disabilities and shall be accompanied where possible in or on the product by accessible information on their functioning and on their accessibility features.

1. Requirements on the provision of information:

(a) the information on the use of the product provided on the product itself (labelling, instructions and warning) shall be:

(i) made available via more than one sensory channel;

(ii) presented in an understandable way;

(iii) presented to users in ways they can perceive;

(iv) presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use, and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(b) the instructions for use of a product, where not provided on the product itself but made available through the use of the product or through other means such as a website, including the accessibility functions of the product, how to activate them and their interoperability with assistive solutions shall be publicly available when the product is placed on the market and shall:

(i) be made available via more than one sensory channel;

(ii) be presented in an understandable way;

(iii) be presented to users in ways they can perceive;

(iv) be presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(v) with regard to content, be made available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel;

(vi) be accompanied by an alternative presentation of any non-textual content;

(vii) include a description of the user interface of the product (handling, control and feedback, input and output) which is provided in accordance with point 2; the description shall indicate for each of the points in point 2 whether the product provides those features;

(viii) include a description of the functionality of the product which is provided by functions aiming to address the needs of persons with disabilities in accordance with point 2; the description shall indicate for each of the points in point 2 whether the product provides those features;

(ix) include a description of the software and hardware interfacing of the product with assistive devices; the description shall include a list of those assistive devices which have been tested together with the product.

1. User interface and functionality design:

The product, including its user interface, shall contain features, elements and functions, that allow persons with disabilities to access, perceive, operate, understand and control the product by ensuring that:

(a) when the product provides for communication, including interpersonal communication, operation, information, control and orientation, it shall do so via more than one sensory channel; this shall include providing alternatives to vision, auditory, speech and tactile elements;

(b) when the product uses speech it shall provide alternatives to speech and vocal input for communication, operation control and orientation;

(c) when the product uses visual elements it shall provide for flexible magnification, brightness and contrast for communication, information and operation, as well as ensure interoperability with programmes and assistive devices to navigate the interface;

(d) when the product uses colour to convey information, indicate an action, require a response or identify elements, it shall provide an alternative to colour;

(e) when the product uses audible signals to convey information, indicate an action, require a response or identify elements, it shall provide an alternative to audible signals;

(f) when the product uses visual elements it shall provide for flexible ways of improving vision clarity;

(g) when the product uses audio it shall provide for user control of volume and speed, and enhanced audio features including the reduction of interfering audio signals from surrounding products and audio clarity;

(h) when the product requires manual operation and control, it shall provide for sequential control and alternatives to fine motor control, avoiding the need for simultaneous controls for manipulation, and shall use tactile discernible parts;

(i) the product shall avoid modes of operation requiring extensive reach and great strength;

(j) the product shall avoid triggering photosensitive seizures;

(k) the product shall protect the user’s privacy when he or she uses the accessibility features;

(l) the product shall provide an alternative to biometrics identification and control;

(m) the product shall ensure the consistency of the functionality and shall provide enough, and flexible amounts of, time for interaction;

(n) the product shall provide software and hardware for interfacing with the assistive technologies;

(o) the product shall comply with the following sector-specific requirements:

(i) self-service terminals:

shall provide for text-to-speech technology;

shall allow for the use of personal headsets;

where a timed response is required, shall alert the user via more than one sensory channel;

shall give the possibility to extend the time given;

shall have an adequate contrast and tactilely discernible keys and controls when keys and controls are available;

shall not require an accessibility feature to be activated in order to enable a user who needs the feature to turn it on;

when the product uses audio or audible signals, it shall be compatible with assistive devices and technologies available at Union level, including hearing technologies such as hearing aids, telecoils, cochlear implants and assistive listening devices;

(ii) e-readers shall provide for text-to-speech technology;

(iii) consumer terminal equipment with interactive computing capability, used for the provision of electronic communications services:

shall, when such products have text capability in addition to voice, provide for the handling of real time text and support high fidelity audio;

shall, when they have video capabilities in addition to or in combination with text and voice, provide for the handling of total conversation including synchronised voice, real time text, and video with a resolution enabling sign language communication;

shall ensure effective wireless coupling to hearing technologies;

shall avoid interferences with assistive devices;

(iv) consumer terminal equipment with interactive computing capability, used for accessing audio visual media services shall make available to persons with disabilities the accessibility components provided by the audiovisual media service provider, for user access, selection, control, and personalisation and for transmission to assistive devices.

1. Support services:

Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication.

Section II

Accessibility requirements related to products in Article 2(1), except for the self-service terminals referred to in Article 2(1)(b)

In addition to the requirements of Section I, the packaging and instructions of products covered by this Section shall be made accessible, in order to maximise their foreseeable use by persons with disabilities. This means that:

(a) the packaging of the product including the information provided in it (e.g. about opening, closing, use, disposal), including, when provided, information about the accessibility characteristics of the product, shall be made accessible; and, when feasible, that accessible information shall be provided on the package;

(b) the instructions for the installation and maintenance, storage and disposal of the product not provided on the product itself but made available through other means, such as a website, shall be publicly available when the product is placed on the market and shall comply with the following requirements:

(i) be available via more than one sensory channel;

(ii) be presented in an understandable way;

(iii) be presented to users in ways they can perceive;

(iv) be presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use, and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(v) content of instructions shall be made available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel; and

(vi) instructions containing any non-textual content shall be accompanied by an alternative presentation of that content.

Section III

General accessibility requirements related to all services covered by this Directive in accordance with Article 2(2)

The provision of services in order to maximise their foreseeable use by persons with disabilities, shall be achieved by:

(a) ensuring the accessibility of the products used in the provision of the service, in accordance with Section I of this Annex and, where applicable, Section II thereof;

(b) providing information about the functioning of the service, and where products are used in the provision of the service, its link to these products as well as information about their accessibility characteristics and interoperability with assistive devices and facilities:

(i) making the information available via more than one sensory channel;

(ii) presenting the information in an understandable way;

(iii) presenting the information to users in ways they can perceive;

(iv) making the information content available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel;

(v) presenting in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(vi) supplementing any non-textual content with an alternative presentation of that content; and

(vii) providing electronic information needed in the provision of the service in a consistent and adequate way by making it perceivable, operable, understandable and robust;

(c) making websites, including the related online applications, and mobile device-based services, including mobile applications, accessible in a consistent and adequate way by making them perceivable, operable, understandable and robust;

(d) where available, support services (help desks, call centres, technical support, relay services and training services) providing information on the accessibility of the service and its compatibility with assistive technologies, in accessible modes of communication.

Section IV

Additional accessibility requirements related to specific services

The provision of services in order to maximise their foreseeable use by persons with disabilities, shall be achieved by including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities and ensure interoperability with assistive technologies:

(a) Electronic communications services, including emergency communications referred to in Article 109(2) of Directive (EU) 2018/1972:

(i) providing real time text in addition to voice communication;

(ii) providing total conversation where video is provided in addition to voice communication;

(iii) ensuring that emergency communications using voice, text (including real time text) is synchronised and where video is provided is also synchronised as total conversation and is transmitted by the electronic communications service providers to the most appropriate PSAP.

(b) Services providing access to audiovisual media services:

(i) providing electronic programme guides (EPGs) which are perceivable, operable, understandable and robust and provide information about the availability of accessibility;

(ii) ensuring that the accessibility components (access services) of the audiovisual media services such as subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation are fully transmitted with adequate quality for accurate display, and synchronised with sound and video, while allowing for user control of their display and use.

(c) Air, bus, rail and waterborne passenger transport services except for urban and suburban transport services and regional transport services:

(i) ensuring the provision of information on the accessibility of vehicles, the surrounding infrastructure and the built environment and on assistance for persons with disabilities;

(ii) ensuring the provision of information about smart ticketing (electronic reservation, booking of tickets, etc.), real-time travel information (timetables, information about traffic disruptions, connecting services, onwards travel with other transport modes, etc.), and additional service information (e.g. staffing of stations, lifts that are out of order or services that are temporarily unavailable).

(d) Urban and suburban transport services and regional transport services: ensuring the accessibility of self-service terminals used in the provision of the service in accordance with Section I of this Annex.

(e) Consumer banking services:

(i) providing identification methods, electronic signatures, security, and payment services which are perceivable, operable, understandable and robust;

(ii) ensuring that the information is understandable, without exceeding a level of complexity superior to level B2 (upper intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

(f) E-books:

(i) ensuring that, when an e-book contains audio in addition to text, it then provides synchronised text and audio;

(ii) ensuring that e-book digital files do not prevent assistive technology from operating properly;

(iii) ensuring access to the content, the navigation of the file content and layout including dynamic layout, the provision of the structure, flexibility and choice in the presentation of the content;

(iv) allowing alternative renditions of the content and its interoperability with a variety of assistive technologies, in such a way that it is perceivable, understandable, operable and robust;

(v) making them discoverable by providing information through metadata about their accessibility features;

(vi) ensuring that digital rights management measures do not block accessibility features.

(g) E-Commerce services:

(i) providing the information concerning accessibility of the products and services being sold when this information is provided by the responsible economic operator;

(ii) ensuring the accessibility of the functionality for identification, security and payment when delivered as part of a service instead of a product by making it perceivable, operable, understandable and robust;

(iii) providing identification methods, electronic signatures, and payment services which are perceivable, operable, understandable and robust.

Section V

Specific accessibility requirements related to the answering of emergency communications to the single European emergency number 112 by the most appropriate PSAP

In order to maximise their foreseeable use by persons with disabilities, the answering of emergency communications to the single European emergency number 112 by the most appropriate PSAP, shall be achieved by including functions, practices, policies and procedures and alterations targeted to address the needs of persons with disabilities.

Emergency communications to the single European emergency number 112 shall be appropriately answered, in the manner best suited to the national organisation of emergency systems, by the most appropriate PSAP using the same communication means as received, namely by using synchronised voice and text (including real time text), or, where video is provided, voice, text (including real time text) and video synchronised as total conversation.

Section VI

Accessibility requirements for features, elements or functions of products and services in accordance with Article 24(2)

The presumption to fulfil the relevant obligations set out in other Union acts concerning features, elements or functions of products and services requires the following:

1. Products:

(a) the accessibility of the information concerning the functioning and accessibility features related to products complies with the corresponding elements set out in point 1 of Section I of this Annex, namely information on the use of the product provided on the product itself and the instructions for use of a product, not provided in the product itself but made available through the use of the product or other means such as a website;

(b) the accessibility of features, elements and functions of the user interface and the functionality design of products complies with the corresponding accessibility requirements of such user interface or functionality design set out in point 2 of Section I of this Annex;

(c) the accessibility of the packaging, including the information provided in it and instructions for the installation and maintenance, storage and disposal of the product not provided in the product itself but made available through other means such as a website, except for self-service terminals complies with the corresponding accessibility requirements set out in Section II of this Annex.

1. Services:

the accessibility of the features, elements and functions of services complies with the corresponding accessibility requirements for those features, elements and functions set out in the services-related Sections of this Annex.

Section VII

Functional performance criteria

In order to maximise the foreseeable use by persons with disabilities, when the accessibility requirements, set out in Sections I to VI of this Annex, do not address one or more functions of the design and production of products or the provision of services those functions or means shall be accessible by complying with the related functional performance criteria.

Those functional performance criteria may only be used as an alternative to one or more specific technical requirements, when these are referred to in the accessibility requirements, if and only if the application of the relevant functional performance criteria complies with the accessibility requirements and it determines that the design and production of products and the provision of services results in equivalent or increased accessibility for the foreseable use by persons with disabilities.

(a) Usage without vision

Where the product or service provides visual modes of operation, it shall provide at least one mode of operation that does not require vision.

(b) Usage with limited vision

Where the product or service provides visual modes of operation, it shall provide at least one mode of operation that enables users to operate the product with limited vision.

(c) Usage without perception of colour

Where the product or service provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour.

(d) Usage without hearing

Where the product or service provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing.

(e) Usage with limited hearing

Where the product or service provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features that enables users with limited hearing to operate the product.

(f) Usage without vocal capability

Where the product or service requires vocal input from users, it shall provide at least one mode of operation that does not require vocal input. Vocal input includes any orally-generated sounds like speech, whistles or clicks.

(g) Usage with limited manipulation or strength

Where the product or service requires manual actions, it shall provide at least one mode of operation that enables users to make use of the product through alternative actions not requiring fine motor control and manipulation, hand strength or operation of more than one control at the same time.

(h) Usage with limited reach

The operational elements of products shall be within reach of all users. Where the product or service provides a manual mode of operation, it shall provide at least one mode of operation that is operable with limited reach and limited strength.

(i) Minimising the risk of triggering photosensitive seizures

Where the product provides visual modes of operation, it shall avoid modes of operation that trigger photosensitive seizures.

(j) Usage with limited cognition

The product or service shall provide at least one mode of operation incorporating features that make it simpler and easier to use.

(k) Privacy

Where the product or service incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those features that are provided for accessibility.

Annex

ANNEX II

INDICATIVE NON-BINDING EXAMPLES OF POSSIBLE SOLUTIONS THAT CONTRIBUTE TO MEETING THE ACCESSIBILITY REQUIREMENTS IN ANNEX I

SECTION I:

EXAMPLES RELATED TO GENERAL ACCESSIBILITY REQUIREMENTS FOR ALL PRODUCTS COVERED BY THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 2(1)

REQUIREMENTS IN SECTION I OF ANNEX IEXAMPLES

1. The provision of information

(a)(i)Providing visual and tactile information or visual and auditory information indicating the place where to introduce a card in a self-service terminal so that blind persons and deaf persons can use the terminal.(ii)Using the same words in a consistent manner, or in a clear and logical structure, so that persons with intellectual disabilities can better understand it.(iii)Providing tactile relief format or sound in addition to a text warning so that blind persons can perceive it.(iv)Allowing that text can be read by persons who are visually impaired.(b)(i)Providing electronic files which can be read by a computer using screen readers so that blind persons can use the information.(ii)Using the same words in a consistent manner, or in a clear and logical structure, so that persons with intellectual disabilities can better understand them.(iii)Providing subtitles when video instructions are provided.(iv)Allowing that the text can be read by persons who are visually impaired.(v)Printing in Braille, so that a blind person can use them.(vi)Accompanying a diagram with a text description identifying the main elements or describing key actions.(vii)No example provided(viii)No example provided(ix)Including a socket and software in automated teller machines which will allow the plugging of a headphone which will receive the text on the screen in the form of sound.

1. User interface and functionality design

(a)Providing instructions in the form of voice and text, or by incorporating tactile signs in a keypad, so that persons who are blind or hard of hearing can interact with the product.(b)Offering in a self-service terminal in addition to the spoken instructions, for example, instructions in the form of text or images so that deaf persons can also perform the action required(c)Allowing users to enlarge a text, to zoom in on a particular pictogram or to increase the contrast, so that persons who are visually impaired can perceive the information.(d)In addition of giving a choice to press the green or the red button for selecting an option, providing in written on the buttons what the options are, in order to allow person who are colour blind to make the choice.(e)When a computer gives an error signal, providing a written text or an image indicating the error, so as to allow deaf persons to apprehend that an error is occurring.(f)Allowing for additional contrast in foreground images so that persons who have low vision can see them.(g)Allowing the user of a telephone to select the volume of the sound and reduce the interference with hearing aids so that persons who are hard of hearing can use the telephone.(h)Making touch screen buttons bigger and well separated so that persons with tremor can press them.(i)Ensuring that buttons to be pressed do not require much force so that persons who have motor impairments can use them.(j)Avoiding flickering images so that persons who get seizures are not at risk.(k)Allowing the use of headphones when spoken information is provided by automated teller machines.(l)As an alternative to fingerprint recognition, allowing users who cannot use their hands to select a password for locking and unlocking a phone.(m)Ensuring that the software reacts in a predictable way when a particular action is performed and providing enough time to enter a password so that is easy to use for persons with intellectual disabilities.(n)Offering a connection with a refreshable Braille display so that blind persons can use the computer.(o)Examples of sector-specific requirements(i)No example provided(ii)No example provided

(iii) First indent

Providing that a mobile phone should be able to handle real time text conversations so that persons who are hard of hearing can exchange information in an interactive way.

(iii) Fourth indent

Allowing the simultaneous use of video to display sign language and text to write a message, so that two deaf persons can communicate with each other or with a hearing person.

(iv)Ensuring that subtitles are transmitted through the set top box for their use by deaf persons.

1. Support services: No example provided

SECTION II:

EXAMPLES RELATED TO ACCESSIBILITY REQUIREMENTS FOR PRODUCTS IN ARTICLE 2(1), EXCEPT FOR THE SELF-SERVICE TERMINALS REFERRED TO IN ARTICLE 2(1)(b)

REQUIREMENTS IN SECTION II OF ANNEX IEXAMPLESPackaging and instructions of products(a)Indicating in the packaging that the phone contains accessibility features for persons with disabilities.(b)(i)Providing electronic files which can be read by a computer using screen readers so that blind persons can use the information.(ii)Using the same words in a consistent manner, or in a clear and logical structure, so that persons with intellectual disabilities can better understand it.(iii)Providing tactile relief format or sound when a text warning is present so that blind persons receive the warning.(iv)Providing that the text can be read by persons who are visually impaired.(v)Printing in Braille, so that a blind person can read it.(vi)Supplementing a diagram with a text description identifying the main elements or describing key actions.

SECTION III:

EXAMPLES RELATED TO GENERAL ACCESSIBILITY REQUIREMENTS FOR ALL SERVICES COVERED BY THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 2(2)

REQUIREMENTS IN SECTION III OF ANNEX IEXAMPLESThe provision of services(a)No example provided(b)(i)Providing electronic files which can be read by a computer using screen readers so that blind persons can use the information.(ii)Using the same words in a consistent manner or in a clear and logical structure so that persons with intellectual disabilities can better understand it.(iii)Including subtitles when a video with instructions is provided.

(iv)Providing that a blind person can use a file by printing it in Braille.(v)Providing that the text can be read by persons who are visually impaired.(vi)Supplementing a diagram with a text description identifying the main elements or describing key actions.(vii)When a service provider offers a USB-key containing information about the service, providing that information is accessible.(c)Providing text description of pictures, making all functionality available from a keyboard, giving users enough time to read, making content appear and operate in a predictable way, and providing compatibility with assistive technologies, so that persons with diverse disabilities can read and interact with a website.(d)No example provided

SECTION IV:

EXAMPLES RELATED TO ADDITIONAL ACCESSIBILITY REQUIREMENTS FOR SPECIFIC SERVICES

REQUIREMENTS IN SECTION IV OF ANNEX IEXAMPLESSpecific services(a)(i)Providing that persons who are hard of hearing could write and receive text in an interactive manner and in real time.(ii)Providing that deaf persons can use sign language to communicate among themselves.(iii)Providing that a person who has speech and hearing impairments and chooses to use a combination of text, voice and video, knows that the communication is transmitted through the network to an emergency service.(b)(i)Providing that a blind person can select programmes on the television.(ii)Supporting the possibility to select, personalise and display access services such as subtitles for deaf persons or persons who are hard of hearing, audio description, spoken subtitles and sign language interpretation, by providing means for effective wireless coupling to hearing technologies or by providing user controls to activate access services for audiovisual media services at the same level of prominence as the primary media controls.(c)(i)No example provided(ii)No example provided(d)No example provided(e)(i)Making the identification dialogues on a screen readable by screen readers so that blind persons can use them.

(ii)No example provided(f)(i)Providing that a person with dyslexia can read and hear the text at the same time.(ii)Enabling synchronized text and audio output or by enabling a refreshable Braille transcript.(iii)Providing that a blind person can access the index or change chapters.(iv)No example provided(v)Ensuring that information on their accessibility features is available in the electronic file so that persons with disabilities can be informed.(vi)Ensuring that there is no blocking, for example that technical protection measures, rights management information or interoperability issues do not prevent the text from being read aloud by the assistive devices, so that blind users can read the book.(g)(i)Ensuring that available information on the accessibility features of a product is not deleted.(ii)Making the payment service user interface available by voice so that blind persons can make online purchases independently.(iii)Making the identification dialogues on a screen readable by screen readers so that blind persons can use them.

Annex

ANNEX III

ACCESSIBILITY REQUIREMENTS FOR THE PURPOSE OF ARTICLE 4(4) CONCERNING THE BUILT ENVIRONMENT WHERE THE SERVICES UNDER THE SCOPE OF THIS DIRECTIVE ARE PROVIDED

In order to maximise the foreseeable use in an independent manner by persons with disabilities of the built environment in which a service is provided and which is under the responsibility of the service provider, as referred to in Article 4(4), the accessibility of areas intended for public access shall include the following aspects:

(a) use of related outdoor areas and facilities;

(b) approaches to buildings;

(c) use of entrances;

(d) use of paths in horizontal circulation;

(e) use of paths in vertical circulation;

(f) use of rooms by the public;

(g) use of equipment and facilities used in the provision of the service;

(h) use of toilets and sanitary facilities;

(i) use of exits, evacuation routes and concepts for emergency planning;

(j) communication and orientation via more than one sensory channel;

(k) use of facilities and buildings for their foreseeable purpose;

(l) protection from hazards in the environment indoors and outdoors.

Annex

ANNEX IV

CONFORMITY ASSESSMENT PROCEDURE – PRODUCTS

1. Internal production control

Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4 of this Annex, and ensures and declares on its sole responsibility that the product concerned satisfy the appropriate requirements of this Directive.

1. Technical documentation

The manufacturer shall establish the technical documentation. The technical documentation shall make it possible to assess the conformity of the product to the relevant accessibility requirements referred to in Article 4 and, in case the manufacturer relied on Article 14, to demonstrate that relevant accessibility requirements would introduce a fundamental alteration or impose a disproportionate burden. The technical documentation shall specify only the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the product.

The technical documentation shall, wherever applicable, contain at least the following elements:

(a) a general description of the product;

(b) a list of the harmonised standards and technical specifications the references of which have been published in the Official Journal of the European Union, applied in full or in part, and descriptions of the solutions adopted to meet the relevant accessibility requirements referred to in Article 4 where those harmonised standards or technical specifications have not been applied; in the event of partly applied harmonised standards or technical specifications, the technical documentation shall specify the parts which have been applied.

1. Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the products with the technical documentation referred to in point 2 of this Annex and with the accessibility requirements of this Directive.

1. CE marking and EU declaration of conformity

4.1.

The manufacturer shall affix the CE marking referred to in this Directive to each individual product that satisfies the applicable requirements of this Directive.

4.2.

The manufacturer shall draw up a written EU declaration of conformity for a product model. The EU declaration of conformity shall identify the product for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

1. Authorised representative

The manufacturer’s obligations set out in point 4 may be fulfilled by its authorised representative, on its behalf and under its responsibility, provided that they are specified in the mandate.

Annex

ANNEX V

INFORMATION ON SERVICES MEETING ACCESSIBILITY REQUIREMENTS

1. The service provider shall include the information assessing how the service meets the accessibility requirements referred to in Article 4 in the general terms and conditions, or equivalent document. The information shall describe the applicable requirements and cover, as far as relevant for the assessment the design and the operation of the service. In addition to the consumer information requirements of Directive 2011/83/EU, the information shall, where applicable, contain the following elements:

(a) a general description of the service in accessible formats;

(b) descriptions and explanations necessary for the understanding of the operation of the service;

(c) a description of how the relevant accessibility requirements set out in Annex I are met by the service.

1. To comply with point 1 of this Annex the service provider may apply in full or in part the harmonised standards and technical specifications, for which references have been published in the Official Journal of the European Union.

1. The service provider shall provide information demonstrating that the service delivery process and its monitoring ensure compliance of the service with point 1 of this Annex and with the applicable requirements of this Directive.

Annex

ANNEX VI

CRITERIA FOR ASSESSMENT OF DISPROPORTIONATE BURDEN

Criteria to carry out and document the assessment:

1. Ratio of the net costs of compliance with accessibility requirements to the overall costs (operating and capital expenditures) of manufacturing, distributing or importing the product or providing the service for the economic operators.

Elements to use to assess the net costs of compliance with accessibility requirements:

(a) criteria related to one-off organisational costs to take into account in the assessment:

(i) costs related to additional human resources with accessibility expertise;

(ii) costs related to training human resources and acquiring competences on accessibility;

(iii) costs of development of a new process for including accessibility in the product development or service provision;

(iv) costs related to development of guidance material on accessibility;

(v) one-off costs of understanding the legislation on accessibility;

(b) criteria related to on-going production and development costs to take into account in the assessment:

(i) costs related to the design of the accessibility features of the product or service;

(ii) costs incurred in the manufacturing processes;

(iii) costs related to testing the product or service for accessibility;

(iv) costs related to establishing documentation.

1. The estimated costs and benefits for the economic operators, including production processes and investments, in relation to the estimated benefit for persons with disabilities, taking into account the amount and frequency of use of the specific product or service.

1. Ratio of the net costs of compliance with accessibility requirements to the net turnover of the economic operator.

Elements to use to assess the net costs of compliance with accessibility requirements:

(a) criteria related to one-off organisational costs to take into account in the assessment:

(i) costs related to additional human resources with accessibility expertise;

(ii) costs related to training human resources and acquiring competences on accessibility;

(iii) costs of development of a new process for including accessibility in the product development or service provision;

(iv) costs related to development of guidance material on accessibility;

(v) one off costs of understanding the legislation on accessibility;

(b) criteria related to on-going production and development costs to take into account in the assessment:

(i) costs related to the design of the accessibility features of the product or service;

(ii) costs incurred in the manufacturing processes;

(iii) costs related to testing the product or service for accessibility;

(iv) costs related to establishing documentation.