DRAFT 3 – NOT READY FOR DISSEMINATIONcms.horus.be/files/99909/MediaArchive/EdfPositionFirstR… · Web viewEDF Conclusions of the EDF Training Session ‘Raising Awareness on

European Disability Forum

EDF Analysis of the Vote of the Internal Market and Consumers Protection Committee of the

European Parliament and EDF Position in view of the Council First Reading About the Proposal for a

Regulation on European Standardisation

April 2012

“In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.”

Article 4 § 3 of the United Nations Convention on the Rights of Persons with Disabilities

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Table of Content

1. Executive Summary...............................................................................32. Introduction..........................................................................................33. EDF Analysis of the Vote of the EP Internal Market and Consumers

Protection Committee (IMCO)...............................................................43.1. Recital 12 of the Proposal for a Regulation on European standardisation.....4

3.2. Recital 15 of the Proposal for a Regulation on European standardisation.....5

3.3. Article 5 (1) (introductory part) ‘Stakeholder participation in European standardisation’ of the Proposal for a Regulation on European standardisation.....6

3.4. Article 7 (1) ‘Standardisation requests to ESOs’ of the Proposal for a Regulation on European standardisation.................................................................8

3.5. Article 11 (1) (d) ‘Financing of the Standardisation bodies by the Union’ of the Proposal for a Regulation on European standardisation...................................9

3.6. Article 11 (1) (f) ‘Financing of the Standardisation bodies by the Union’ of the Proposal for a Regulation on European standardisation.................................10

3.7. Annex III (b) (ii) ‘European Stakeholder Organisations’ of the Proposal for a Regulation on European standardisation...............................................................11

4. EDF Position in View of First Reading of the Council.............................124.1. The United-Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in European Standardisation.................................................................12

4.2. Involvement of Organisations of Persons with Disabilities in European Standardisation......................................................................................................13

5. Appendix.............................................................................................135.1. EDF Conclusions of the EDF Training Session ‘Raising Awareness on Standardisation’ (Brussels, 12 April 2011) available in word format on EDF website.................................................................................................................. 13

5.2. EDF Position on the Proposal for a Regulation of European Standardisation (COM(2011)315 final) available in word format on EDF website...........................13

5.3. EDF Voting Recommendations on Draft Report on the Proposal for a Regulation on European Standardisation, March 2012.........................................13

5.4. Contact Person at EDF Secretariat:..............................................................13

EDF Analysis of the Vote of the Internal Market and Consumers Protection Committee of the European Parliament and EDF Position in view of the Council First Reading About the Proposal for a Regulation on European Standardisation, April 2012.

1EDF ANALYSIS OF THE VOTE OF THE INTERNAL MARKET AND CONSUMERS PROTECTION COMMITTEE OF THE EUROPEAN PARLIAMENT AND EDF POSITION IN VIEW OF THE COUNCIL FIRST READING ABOUT THE PROPOSAL FOR A REGULATION ON EUROPEAN STANDARDISATION - APRIL 2012

European Disability ForumThe document is available in English, and on alternative format upon demand.

©European Disability Forum 2012. This document may be quoted and reproduced, provided the source is given.



1. Executive SummaryFollowing the vote of the Internal Market and Consumers Protection Committee of the European Parliament (EP):

- The European Disability Forum (EDF) supports compromise amendments 4, 7, 11, 16, 22 and 23 because they improve representation and participation of persons with disabilities and their representative organisations in European standardisation. EDF requests Member States to reinforce those provisions.

- EDF also welcomes the idea of amendment 266, but suggests using the positive term “persons with disabilities”, instead of the wording “consumers who are particularly vulnerable because of their mental or physical disabilities, […] or credulity”.

However, EDF is strongly concerned about the lack of reference to the United-Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in the proposal for a Regulation on European standardisation. The UNCRPD was concluded by the European Union (EU) on the 23rd of December and the EU now has the obligation to implement its provisions adequately in all policy areas and legislation concerning persons with disabilities. Therefore, EDF calls Member States to mention the UNCRPD in the legislation and suggests the following new amendment:

Text proposed by the Commission New amendment

Any Union policy and legislative initiative should be in compliance with the United Nations Convention on the Rights of Persons with Disabilities concluded by the European Union on 23 December 2010, and especially Articles 3, 4 and 9.

Justification

The EU concluded the United-Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on the 23rd of December 2010 and it entered into force on the 22nd of January 2011. It is the first Human Rights Treaty concluded by the EU and implies that from now onwards any policy and legislative initiative from the EU has to be in compliance with this international Convention.


European Disability Forum2. Introduction

The European Disability Forum (EDF) is the European umbrella organisation representing the interests of 80 million persons with disabilities in Europe through their representative organisations at European or national level. The mission of EDF is to ensure persons with disabilities full access to fundamental and human rights through their active involvement in policy development and implementation in Europe. EDF works closely to the institutions of the European Union (EU), the Council of Europe and the United Nations.

This document analyses the results of the vote of the Internal Market and Consumer Protection Committee of the EP on the proposal for a Regulation on European standardisation that was held on the 21st of March 2012. It also lists the remaining issues to be addressed by EU Member States in view of the 1st reading of the Council.

3. EDF Analysis of the Vote of the EP Internal Market and Consumers Protection Committee

3.1. Recital 12 of the Proposal for a Regulation on European Standardisation

Relevant amendments for persons with disabilities:

- Amendments 82 (Christel Schadelmose, Denmark/S&D), 85 (Konstantinos Poupakis, Greece/EPP) and 86 (Sylvana Rapti, Greece/S&D) were positive for persons with disabilities and fell under

- Compromise amendment 4 that passed:

Compromise amendment 4 on recital 12 covering Amendments 3 and 82 to 86

Text proposed by the Commission

Amendment

(12) Standards can contribute to helping European policy address the major societal challenges such as climate change, sustainable resource use, ageing, and innovation in

(12) Although standards primarily are market driven tools used on a voluntary basis by stakeholders, they can contribute to helping European policy address the major societal challenges such as


European Disability Forumgeneral. By driving the development of European or international standards for goods and technologies in these expanding markets, Europe could create a competitive advantage for its companies and facilitate trade.

globalisation, the economic and financial crisis, innovation, internal market weaknesses, climate change, sustainable resource use, ageing population, integration of people with disabilities, consumer protection, workers’ safety and conditions and social inclusion. By driving the development of European or international standards for goods and technologies in these expanding markets, Europe could create a competitive advantage for its companies and facilitate trade, in particular for small and medium-sized enterprises (‘SME’), which account for represent a large majority of European companies.

Impact on persons with disabilities:

This compromise amendment highlights that European standards are primarily used for market purposes, but also recognises the role of European standardisation for societal issues. One of these is how European standardisation impacts accessibility, hence “integration of persons with disabilities”.

EDF is positive about compromise amendment 4.

3.2. Recital 15 of the Proposal for a Regulation on European Standardisation


- Amendments 95 (Christel Schadelmose, Denmark/S&D), 96 (Cornelis de Jong, GUE/Netherlands) and 99 (Sylvana Rapti, Greece/S&D) were positive for persons with disabilities and fell under


Compromise amendment 7 on recital 15 covering Amendments 95 to 100


European Disability ForumText proposed by the Commission

Amendment

(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened, through the support of organisations representing the interests of consumers, the environment and societal stakeholders.

(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, workers’ safety and conditions, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of stakeholders representing public and societal interests in the elaboration of standards are strengthened, through the support of organisations representing the interests of consumers, including people with disabilities, public health, the environment and other societal stakeholders including representatives of employers and employees ('social partners').

Impact on persons with disabilities:

As already stated in the proposal for a Regulation, recital 15 acknowledged the impact of European standardisation on society: accessibility is one of the issues explicitly mentioned.

In addition, MEPs added a reference to the importance of consulting public and societal actors when drafting European standards and standardisation deliverables. This is favourable to participation of organisations of persons with disabilities in European standardisation, and thus European standards meeting the needs of disabled people.


3.3. Article 5 (1) (introductory part) ‘Stakeholder participation in European standardisation’ of the Proposal for a Regulation on European Standardisation



European Disability Forum- Amendment 151 (Sylvana Rapti, Greece/S&D) was positive for

persons with disabilities and fell under


Compromise amendment 11 on article 5 (1) introductory part covering Amendments 31, 151 and 154 to 159

Text proposed by the Commission

Amendment

1. European standardisation bodies shall ensure an appropriate representation of small and medium-sized enterprises (hereinafter 'SME'), consumer organisations and environmental and social stakeholders, in particular through the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:

1. European Standardisation Organisations shall encourage and facilitate appropriate representation and participation of all relevant stakeholders, such as public authorities, including market surveillance authorities, SME, organisations representing the interests of consumers, including people with disabilities, environmental and social stakeholders, including social partners, in particular through the stakeholders referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:

Impact for persons with disabilities:

The Europeans Standardisation Organisations (ESOs) have the obligation to cooperate with all actors involved in European standardisation processes and could consult organisations of persons with disabilities while drafting European standards and standardisation deliverables.

EDF is really committed to participate to the work of the ESOs in respect of our philosophy and motto “nothing about persons with disabilities without persons with disabilities”. We are also convinced of the importance that consumers’ organisations take into account the interests of consumers with disabilities as a cross-cutting issue.



European Disability Forum3.4. Article 7 (1) ‘Standardisation requests to ESOs’ of the Proposal for

a Regulation on European Standardisation


- Amendment 194 (Konstantinos Poupakis, Greece/EPP) was positive for persons with disabilities and fell under


Compromise amendment 16 on article 7 (1) covering Amendments 39 and 189 to 194

Text proposed by the Commission Amendment

1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the public interest and based on consensus.

1. The Commission may request one or several European Standardisation Organisations to draft a European standard or European standardisation deliverable within a reasonable deadline. They shall be market-driven, take into account the policy objectives clearly stated in the Commission's request and be based on consensus. Before issuing the request, to that end, the Commission shall consult the European Standardisation Organisations, all relevant stakeholders, especially those referred to in Annex III, and the committees of national experts set up by the corresponding sectoral directive where it exists as well as notify all interested parties registered in the European Transparency register.

When issuing and assessing the implementation of such request, the Commission shall ensure that the legal framework relating to services is implemented while fully respecting the distribution of competences between the


European Disability ForumEuropean Union and the Member States as laid down in the TFEU. The Commission cannot, by this manner, affect the right to negotiate, conclude and enforce collective agreements and to take industrial action in accordance with national law and practices which respect Union law.


When sending requests for drafting European standards or standardisation deliverables, the European Commission has the obligation to consult various actors. Again EDF could be consulted as the European organisation representing consumers with disabilities; and EDF is very much willing to contribute to the creation of European standards and standardisation deliverables that have an impact for persons with disabilities right from the onset.


3.5. Article 11 (1) (d) ‘Financing of the Standardisation bodies by the Union’ of the Proposal for a Regulation on European Standardisation


- Amendment 226 (Heide Rühle, Germany/Greens) was positive for persons with disabilities and fell under


Compromise amendment 22 on article 11 (1) (d) covering Amendments 226 to 229


(d) the activities of the central secretariats of the European standardisation bodies, including policy development, the coordination of standardisation activities, the processing of technical work and the provision of

(d) the activities of the central secretariats of the European Standardisation Organisations, including policy development, the coordination of standardisation activities, international regulatory dialogue, the processing of technical


European Disability Foruminformation to interested parties; work, the provision of information

to interested parties and the provision of those activities to persons with disabilities;


Article 11 ‘Financing of the Standardisation bodies by the Union’ details the types of activities of the ESOs that the EU can finance. Paragraph (1) (d) concerns the activities of the ESOs central secretariats. With this amendment, ESOs activities funded by the EU must be made accessible to persons with disabilities to the same level as for anyone else, what is very positive.

EDF is fully supportive of compromise amendment 22 because it is in line with Article 9 UNCRPD.

3.6. Article 11 (1) (f) ‘Financing of the Standardisation bodies by the Union’ of the Proposal for a Regulation on European Standardisation


- Amendment 231 (Christel Schadelmose, Denmark/S&D) and 232 (Heide Rüdle, Germany/Greens and Emilie Turunen, Denmark/Greens) were positive for persons with disabilities and fell under


Compromise amendment 23 on article (11) (1) (f) covering Amendments 231 to 234


(f) the drawing up of information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, best practice information and awareness-building actions;

(f) the drawing up of accessible information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, abstracts of standards, best practice information and awareness-building actions, strategies and training programmes. Such information and


European Disability Forummaterial shall be available in accessible electronic format and accessible format for persons with disabilities;


Article 11 ‘Financing of the Standardisation bodies by the Union’ details the types of activities of the ESOs that the EU can finance. Paragraph (1) (f) concerns the information and material produced by the ESOs. With this amendment, the EU will finance production of information, material and documents by the ESOs that must be “available in accessible electronic format and/or accessible format for persons with disabilities”. It will ensure the same level of access to European standardisation for persons with disabilities.

EDF fully supports compromise amendment 23 because it is in line with Article 9 UNCRPD.

3.7. Annex III (b) (ii) ‘European Stakeholder Organisations’ of the Proposal for a Regulation on European Standardisation


- Amendment 266 (Robert Rochefort, France/ALDE) has an inappropriate wording on persons with disabilities, but the idea it brings is positive for persons with disabilities. It passed:

Amendment 266 covering Annex 3 (b) (ii)


(ii) has as its statutory objectives and activities to represent consumer interests in the standardisation process at European level;

(ii) has as its statutory objectives and activities to represent consumer interests, including consumers who are particularly vulnerable because of their mental or physical disabilities, age or credulity, in the standardisation process at European level;

Impact for persons with disabilities

Referring to persons with disabilities as consumers who also benefit from European standardisation is really beneficial. The purpose of the amendment is positive, but it has a discriminatory wording when


European Disability Forumspeaking about disabled people: it refers to “consumers who are particularly vulnerable because of their mental or physical disabilities, credulity or age”. EDF suggests the following new amendment:

EDF is positive about the idea of amendment 266, but suggests the wording of persons with disabilities, instead of “consumers who are particularly vulnerable because of their mental or physical disabilities, […] or credulity”.

4. EDF Position in View of First Reading of the CouncilEDF Position in view of the first reading of the Council is based on EDF Position on the Proposal for a Regulation of European Standardisation (COM(2011)315 final).

4.1. The United-Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in European Standardisation

Several MEPs (Christel Schadelmose, Denmark/S&D, Heide Rüdle, Germany/Greens, and Emilie Turunen, Denmark/Greens) proposed amendments to have a reference to the UNCRPD as a recital in this proposal for a Regulation on European standardisation. These amendments did not pass. This is very negative for persons with disabilities and EDF considers that the EU institutions do not respect their obligations under the UNCRPD concluded by the EU and most Member States. EDF would like to suggest a new amendment to Member States in view of their 1st reading:

New amendment

Text proposed by the Commission New amendment

Any Union policy and legislative initiative should be in compliance with the United Nations Convention on the Rights of Persons with Disabilities concluded by the European Union on 23 December 2010, and especially Articles 3, 4 and 9.


European Disability Forum4.2. Involvement of Organisations of Persons with Disabilities in

European Standardisation

With the amendments voted in favour in the Internal Market and Consumer Protection Committee, MEPs were in favour of:

- Representation and participation of persons with disabilities in European standardisation (Compromise amendments 7, 11 and 16).

- Accessibility of activities, material and documents of the ESOs for persons with disabilities (Compromise amendments 22 and 23).

EDF is very supportive of this improvement to involve persons with disabilities in European standardisation and calls Member States to support and continue improving these proposals made by the EP.

5. Appendix

5.1. EDF Conclusions of the EDF Training Session ‘Raising Awareness on Standardisation’ (Brussels, 12 April 2011) available in word format on EDF website.

5.2. EDF Position on the Proposal for a Regulation of European Standardisation (COM(2011)315 final) available in word format on EDF website.

5.3. EDF Voting Recommendations on Draft Report on the Proposal for a Regulation on European Standardisation, March 2012

5.4. Contact Person at EDF Secretariat:

Nadège Riche, EDF Policy Officer

Tel: +32/0 2 282 46 05, Email: [email protected]

More information about EDF is available on www.edf-feph.org.

Should you have any problems in accessing the document, please contact the EDF Secretariat (T: +32/0 2 282 46 00).


mailto:[email protected]

http://www.edf-feph.org/Page_Generale.asp?DocID=13855&thebloc=29094

http://www.edf-feph.org/Page.asp?docid=26614&langue=EN

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DRAFT 3 – NOT READY FOR DISSEMINATIONcms.horus.be/files/99909/MediaArchive/EdfPositionFirstR… · Web viewEDF Conclusions of the EDF Training Session ‘Raising Awareness on