On Jun. 7, EU issued directive on requirements for products, services.
EU CNCL and EP directive on accessibility requirements for products and services.
Dir 2019/882 of Apr. 17, 2019 is also known as the European accessibility act.
Document dated Jun. 7, 2019, was added on Sep. 15, 2022, due to request by client.
Purpose of Directive
The purpose of the directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of Member States (MSs) as regards accessibility requirements for certain products and services.
In particular, eliminating and preventing barriers to free movement of some accessible products and services arising from divergent accessibility requirements in the MSs.
This would increase the availability of accessible products and services in the internal market and improve the accessibility of relevant information.
Persons with Disabilities
Directive defines persons with disabilities in line with the United Nations Convention on the Rights of Persons with Disabilities, adopted on Dec. 13, 2006 (UN CRPD), to which Union has been Party since Jan. 21, 2011, and which all Member States have ratified.
CRPD states that persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder full and effective participation in society on an equal basis with others.
The directive promotes full and effective equal participation by improving access to mainstream products and services that, through their initial design or subsequent adaptation, address the particular needs of persons with disabilities.
Functional Limitations
Other persons who experience functional limitations, such as elderly persons, pregnant women or persons travelling with luggage, would also benefit from this directive.
The concept of persons with functional limitations includes persons who have any physical, mental, intellectual or sensory impairments, age related impairments, or other human body performance related causes, permanent or temporary.
Which, in interaction with various barriers, result in reduced access to products and services, leading to situation that requires those products and services to be adapted.
Regulatory Fragmentation
The disparities between the laws, regulations and administrative provisions of MSs concerning accessibility creates barriers to free movement of products, services.
For some products and services, those disparities are likely to increase in the Union after the entry into force of the UN CRPD; economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Due to differences in requirements, individual professionals, SMEs, microenterprises in particular are discouraged from entering into ventures outside domestic markets.
The national, or even regional or local, accessibility requirements that Member States have put in place currently differ as regards both coverage and level of detail.
Differences negatively affect competitiveness and growth, due to the additional costs incurred in the development and marketing of products and services for each market.
Consumers of accessible products and services and of assistive technologies, are faced with high prices due to limited competition among suppliers.
Fragmentation among national regulations reduces benefits derived from sharing with national and international peers experiences concerning responding to developments.
Union Level Measures
Approximation of national measures at Union level is therefore necessary for proper functioning of the internal market in order to put an end to market fragmentation.
So as to create economies of scale, to facilitate cross-border trade and mobility, as well as to help economic operators to concentrate resources on innovation instead of using those resources to cover expenses arising from fragmented legislation across EU.
UN CRPD
The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, to transportation, to information and communications.
Including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in 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 benchmarks for monitoring the gradual implementation of accessibility.
The entry into force of the UN CRPD in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services.
Without Union action, those provisions would further increase disparities between the laws, regulations and administrative provisions of the Member States.
It is therefore necessary to facilitate the implementation in the Union of the UN CRPD by providing common Union rules; this directive also supports MSs in their efforts to fulfil national and UN commitments regarding accessibility in a harmonized manner.
New Requirements
Directive includes some broad requirements for products to fulfil design requirements.
There are detailed rules related to information and instructions, user interface and functionality design, support services and packaging; products must be designed and produced in such a way as to maximize foreseeable use by persons with disabilities.
Products must be accompanied, where possible, in or on the product by accessible information on their functioning and accessibility features.
They must be designed and produced to maximize their use by people with disabilities.
And they must comply with detailed rules on information and instructions, user interface and functionality design, support services and packaging.
Services must provide information about the service, its accessibility features, and facilities; make websites and mobile devices easily accessible; and support systems, such as help desks and call centers to provide information on accessibility.
And apply practices, policies, procedures to address needs of people with disabilities.
Scope
Directive covers range of products/services which have been identified as important.
These will be covered if they are brought onto the market after Jun. 28, 2025, but products and services on the market before this date are excluded.
Excluded products and services must be compliant by Jun. 28, 2030, with the exception of self-service terminals which may continue to be used until the end of their economically useful life, up to a maximum of 20 years.
The products covered include: payment terminals; ATMs, ticketing machines/check-in machines; interactive self-service terminals providing information; smartphones; computers; other terminal equipment and operating systems; and E-readers.
The services covered include: electronic communications services; services providing access to audiovisual media services; transport services; consumer banking services; E-books, and E-commerce services.
Effectiveness
Directive entered into force on 20th day after publication in EU OJ, e.g. Jun. 27, 2019.
The deadline for member state transposition into national law was Jun. 28, 2022.
Directive applies to products and services placed on the market after Jun. 28, 2025.
Regulators
EP; EU CMSN; EU CNCL
Entity Types
Bank; CNSM; Corp; IA; Inv Co
Reference
OJ L 151/70, 6/7/2019; EAA Dir 2019/882, 4/17/2019; Dir 2014/24/EU; Dir 2014/25/EU; Dir 2016/2102; Dir 2018/1972; UN CRPD; Citation: Dir 2019/882;
