New 'accessibility requirements' proposed for popular products and services under EU proposals

The Commission has published a draft Directive on accessibility requirements for products and services that would apply to popular consumer products and services, from ATMs and banking services, including mobile and online banking, to smartphones, computer hardware and software and e-books, among others listed in the proposals.

The accessibility requirements envisaged under the draft Directive range for each type of product that is within the scope of the Directive. They span issues such as the way information on products is provided, such as labels, instructions and warnings, to text formats, font sizes and the design of user interfaces.

Accessible products and services are defined under the draft Directive as being products and services that are "perceptible, operable and understandable for persons with functional limitations, including persons with disabilities, on an equal basis with others".

The Commission said the accessibility requirements are deliberately non-prescriptive on what "technical solutions" businesses should use to enable "innovation".

Businesses would be exempt from the accessibility requirements if implementing them would "introduce a significant change in an aspect or feature of a product or service that results in the alteration of the basic nature of the product or service" or if complying would "impose a disproportionate burden" on them.

The "size, resources and nature" of a business and the estimated costs and benefits of meeting the requirements relative to the anticipated benefits disabled people would see from the requirements being met are factors relevant to whether complying would be too great a burden on a business, according to the proposals.

As drafted, the Directive would impose new obligations on manufacturers of products that are within the scope of the new regime as well as their importers and distributors.

The manufacturers would, among other things, be required to take steps to either correct accessibility faults where they have reason to believe they exist in their products, or to otherwise withdraw the products from the market or issue a recall. In addition, they would have to "keep a register of complaints, of non-conforming products and products recalls, and ... keep distributors informed of any such monitoring".

Importers would only be allowed to place "compliant products on the market", whilst distributors would need to check that the product they are distributing bears a CE marking, which would confirm the product's compliance with the accessibility requirements, as well as other information before making that product available to consumers.

In the case of services subject to the Directive, service providers would be required to provide consumers with a range of information about their services and explain how they meet their accessibility requirements.

The information would need to be provided in both "written and oral format, including in a manner which is accessible to persons with functional limitations and persons with disabilities".

Products and services that conform to "harmonised standards" that are published in the Official Journal of the EU would automatically be said to comply with the accessibility requirements under the proposed Directive, according to the plans.

Market surveillance authorities would be responsible for handling complaints relating to, and monitoring compliance of, products that have to meet the new accessibility requirements.

EU countries would have to "establish, implement and periodically update adequate procedures" for compliance checking, complaint handling and verification of corrective actions in relation to services subject to the new Directive, according to the draft proposals.

In addition, consumers and groups with a "legitimate interest" will have rights to enforce businesses' compliance with the Directive through the courts, whilst EU countries must also adopt an "effective, proportionate and dissuasive" penalties framework to account for cases of infringement.

"Improving the functioning of the internal market for specific accessible products and services, serves both the needs of these consumers and industry," the Commission said in a preamble to its draft plans. "An environment where products and services are more accessible allows for more inclusion and participation of citizens in society. It supports independent living and autonomous choice. It also contributes to the application of the principle of equal treatment in the access to goods and services by persons with disabilities."