Explanatory memorandum context of the proposal


Impact on fundamental rights



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3.4. Impact on fundamental rights

The proposal below would have a positive impact on several rights recognised in the Charter of Fundamental Rights of the European Union. Such an EU initiative would directly or indirectly facilitate the exercise of the following rights: the right to human dignity (Article 1), the right to integrity of the person (Article 3), the right to education (Article 14), the right to choose an occupation and the right to engage in work (Article 15), the rights of the elderly (Article 25), the right to integration of persons with disabilities (Article 26), and the right to freedom of movement and residence (Article 45).

Regarding economic operators, this proposal would have a mixed impact on rights such as the freedom to conduct a business (Article 16) and the right to property (Article 17). First and foremost, by increasing the potential of the internal market through the elimination of obstacles to trade, the initiative would be beneficial for the exercise of those two rights. In some cases the initiative could also entail a limited restriction to the exercise of those rights with the adoption of new rules in some Member States. However, the restrictions resulting from these new rules would be justified and proportional and would result in an increase of the potential for intra-EU trade, from which the economic operators themselves could benefit. The new rules would also be justified with a view to promoting other fundamental rights, such as those mentioned above.

3.5. Proposal

The proposed Directive will provide for a common EU definition and implementation framework for accessibility requirements of certain products and services. The elements of the proposed Directive can be summarised as follows:



Scope

The proposed Directive will:



  • Harmonise accessibility requirements for a list of products and services; and

  • Use the same accessibility requirements to define and give content to the – already existing, but undefined – obligation of accessibility laid down in EU law, such as in the area of Public Procurement and the Structural and Investment Funds. The scope of application is the one of their respective legal instruments, which is not modified by this proposed Directive.




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