Explanatory memorandum context of the proposal

Implementation by the Member States

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Implementation by the Member States

  • The proposed Directive harmonises accessibility requirements at EU level for a number of products and services and removes barriers for their free circulation;

  • It does not prescribe in detail how the obligation to render a product or service accessible by complying with the defined accessibility requirements has to be achieved in practice. In case this still leads to obstacles in the internal market, the Commission can consider other options in the future to provide guidance to Member States such as standardisation or implementing measures;

  • The Directive includes the possibility of using voluntary harmonised standards to provide presumption of conformity with the accessibility requirements;

  • In order to secure proper implementation and enforcement of accessibility, the Directive makes use of light conformity assessment (self-declaration) and existing market surveillance mechanisms to assess compliance of products with accessibility requirements. It also provides a lighter procedure for checking compliance of services;

  • The Directive sets out the date of entry into force of the laws, regulations and administrative provisions necessary to comply with this Directive by two years after its entry into force at the latest;

  • The Directive requires Member States to set the application of all measures, including the free circulation of products and services and those prescribed in Article 3, by six years after the entry into force of the Directive;

  • The deadline for the application of the measures in Chapter VI – on defining accessibility by reference to the requirements of this Directive in the cases where EU law puts obligations on accessibility without further containing definitions or specification - is six years after the entry into force of the Directive.

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