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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels 12.05.2000 COM 2000 284
final
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL THE EUROPEAN
PARLIAMENT THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE
REGIONS
Towards a Barrier Free Europe for People with Disabilities
1 Page 2 3
TABLE OF CONTENTS COMMUNICATION FROM THE COMMISSION TO THE
COUNCIL THE EUROPEAN PARLIAMENT THE ECONOMIC AND SOCIAL COMMITTEE AND
THE COMMITTEE OF THE REGIONS Towards a Barrier Free Europe for People
with Disabilities P1
1 EXECUTIVE SUMMARY 3 2 INTRODUCTION DISABILITY AS A COMMUNITY
CONCERN P4
2 1 A renewed Approach to Disability P4
2 2 Some Major Steps
Forward P5
2 3 A New Impetus P6
3 PART I A ROADMAP TOWARD GREATER
COMMUNITY ADDED VALUE P7
3 1 Toward Greater Mobility as an Aspect of
Citizenship P7
3.2 Toward More Accessibility The Need to Fill
Intersectoral Policy Gaps P10
3.3 Harnessing the Information Society for
the Benefit of All The Europe Initiative and Disability P11
3 4 Enabling technologies Toward a More Developed Common Market for
Assistive Technology P13
3.5 Protecting the Rights and Interests of Consumers with
Disabilities in the Marketplace P14
4 PART II POLICY TOOLS FOR THE ACHIEVEMENT OF GREATER COMMUNITY ADDED
VALUE P15
4 1 Interpreting the numbers and understanding the needs P15
4 2
Designing inclusive EU programmes P16
4 3 Leading by example P17
4 4
Consulting people with disabilities P19
4 5 Strengthening the co
ordination among Commission's services P19
5 PART III LOOKING BEYOND
RAISING AWARENESS STRENGHTENING CO OPERATION AND BUILDING MOMENTUM P20
2 Page 3 4
1 EXECUTIVE SUMMARY
People with disabilities are recognised to be
one of the most disadvantaged sections of our society and continue to
face considerable barriers in accessing all aspects of social life
The approach to disability endorsed by the European Union
acknowledges that environmental barriers are a greater impediment to
participation in society than functional limitations Barrier removal
through legislation provision of accommodations universal design and
other means has been identified as the key to equal opportunities for
people with disabilities
While responsibility for these issues remains mainly with the Member
States the present scope of Community competence provides for
substantial means and added value to achieve better equal opportunities
for people with disabilities
The inclusion of a general non discrimination article covering inter
alia disability in the Treaty of Amsterdam provides the basis for a
crucial leap forward to promote equal rights for people with
disabilities at EU level Based on Article 13 of the EC Treaty the
European Commission has adopted on 26 November 1999 a comprehensive anti
discrimination package From a disability perspective the relevant part
of this package consists of a proposal for a directive in the field of
employment and occupation prohibiting discrimination on all grounds of
discrimination listed in Article 13 and an action programme consisting
of a wide array of complementary measures in this respect
To complement the above mentioned initiatives as well as to meet the
commitment made by the Intergovernmental Conference to take into account
the needs of people with disabilities when drawing up measures under
article 95 of the Treaty this Communication seeks to review some key EU
policies which can contribute to the improvement of access for people
with disabilities
While disability related activities exist in most Community fields
the focus of this Communication rests upon those EU policies that are of
particular importance in the drive towards a barrier free society for
disabled Europeans This Communication therefore places a particular
emphasis upon the achievement of a greater synergy between related
issues in the fields of employment education and vocational training
transport the internal market information society new technologies and
consumer policy
Mobility plays a crucial role in ensuring participation in economic
and social activity and the lack of it is an inhibiting factor against
the participation rights of people with disabilities to the detriment of
all The Commission has already recognised the significance of this issue
for some time and is suggesting new ways through which the needs of
people with disabilities might be better addressed At the same time this
Communication also underlines that advances on mobility issues have to
be made coherently on all connected fronts in order to get the best
results out of the process It also asserts that positive developments in
improving access for people with disabilities have positive implications
for other areas such as quality of working life the protection of the
consumer and the competitiveness of European Industry Accordingly the
Commission is drawing the links between the relevant inter sectoral
policies and is looking forward how more synergy can be obtained
3 Page 4 5
Recent EU developments in the field of new technologies including the
eEurope initiative will also play a crucial role in enabling people with
disabilities to overcome functional limitations and thus enhancing their
prospects for participation This Communication underlines the fragmented and underdeveloped state of the EU market in
this field and identifies some actions to be undertaken to develop a
truly common market and to bring supply more closely into alignment with
demand
A strong knowledge base including reliable statistical data on the
prevalence of disability and on its implications to participate fully in
all aspects of society adequate co ordination and consultation
mechanisms are seen as essential tools for the implementation of this
Communication Moreover the Commission will also continue to foster the
development of best practice within its own organisation
Along with environmental barriers negative attitudes towards
disability must be challenged if we are to succeed in achieving equality
of opportunity for disabled Europeans With this aim in mind the
Commission will propose to the Council that the year 2003 be declared as
the European Year of Disabled Citizens in order to promote society's
awareness of disability issues and to provide a catalyst for the
introduction of new policies in this regard at all levels of governance
The objective of such a proposal therefore is to strengthen the concept
of citizenship for people with disabilities
2 INTRODUCTION DISABILITY AS A COMMUNITY CONCERN
2.1 A renewed
Approach to Disability
At any point in time the number of people in
the European Union directly affected by some form of disability is
estimated at around 10 of the total population a percentage currently
amounting to approximately 37 million people People with disabilities do
not constitute an homogeneous group and there is a broad range of
disabilities and issues Disabilities may be apparent or hidden severe or
mild singular or multiple chronic or intermittent Types of disabilities
include mobility agility mental cognitive hearing speaking and visual
impairments
People with disabilities are recognised to be one of the most
disadvantaged sections of our society and continue to face considerable
barriers in accessing all aspects of social life Systemic barriers which
are often the major cause of exclusion of people with disabilities
include inter alia lack of affordable transportation limited education
and training opportunities lack of supports and numerous disincentives
in the social and economic field Women with disabilities are stronger
affected in their opportunities for participation
The new disability policy framework as advocated at international
level and in particular by the United Nations Resolution entitled the
Standard Rules for the Equalisation of Opportunities for Persons with
Disabilities 1993 acknowledges that an individual's ability to function
in society and to be employed depends as much on the openness of society
to accommodate people with their differences as on the specific
functional limitations that identify a person as disabled Environmental
barriers are a greater impediment to participation in society than
functional limitations and barrier removal through legislation universal
design provision of accommodations and other means has been identified
as the key to equalisation of opportunities for people with disabilities
In pursuance of the Standard Rules the Commission adopted its
Communication Equality of Opportunity for People with Disabilities A New
Community Disability Strategy 1 Thelatter
1 COM 1996 406 final has been politically endorsed by the Council and the Member States in a
Resolution in December 1996 *2
*2 OJ C 12 13 1 1997 3 SEC 1998 1550 4 OJ C 186 2 7 1999
4 Page 5 6
Whilst main responsibility in this field lies with the Member States
the Resolution emphasised that the European Community could make a
significant contribution in fostering co operation between Member States
and in encouraging the exchange and development of best practice in the
Community and within the policies and activities of the Community institutions and organs themselves
In its Resolution on the Commission's Communication the European
Parliament also welcomed the new approach adopted by the Commission and
requested it to take active measures within its mainstreaming approach
to enable people with disabilities to participate in all relevant
Community programmes
2.2 Some Major Steps Forward
Building these Resolutions the
Commission has been intensively working with the Parliament Member
States and non governmental organisations to advance co operation on
disability issues Several Community initiatives have been taken to
promote equal opportunities for people with disabilities The following
is a non exhaustive list of some main achievements to date
Since the adoption of the European employment strategy in 1997
disability issues are firmly embedded in the annual Council Guidelines
National Action Plans for Employment include some noticeable effort
towards improving the job prospects and the skills of people with
disabilities as one of the target groups that can benefit most from
preventative action and employability measures To underpin these
important policy developments the Commission is supporting ongoing
discussions and research with the Member States the social partners and
non governmental organisations on the new trends ideas and innovative
policies and practices that are emerging in the field A Commissions
Services document Raising employment levels of people with disabilities
the common challenge 3 has also been issued in 1998 which seeks to
identify some common recommendations and to suggest areas where further
work could be done Drawing on the latter on 17 June 1999 the Council
adopted a Resolution 4 put forward by the German Presidency on equal
employment opportunities for people The Commission intends to pay a
particular attention to employability measures for people with
disabilities in the Joint Employment Report 2000
A recent Communication from the Commission Strategies for Jobs in the
Information Society COM 2000 48 adopted on February 4 th 2000 which
supports both the European Employment Strategy and the eEurope
initiative specifically addresses the promotion of the employability of
people with disabilities by recommending the Information Society
Industries to ensure from 2000 that standards for user friendly
equipment are applied
During the programming period 1994 1999 of the European Social Fund
which is the main instrument through which EU financial support is
provided for people with disabilities Member States have earmarked
significant funding to promote employment opportunities for people with
disabilities A wide range of actions including work experience wage
subsidies work experience schemes temporary sheltered employment and
other intermediate labour
5 Page 6 7
market steps self employment and development of co operatives for the
mentally and severely physically disabled are being supported During the
new programming period 2000 2006 in line with the Employment guidelines
Member States are invited to undertake a variety of initiatives which
are of particular relevance to people with disabilities people in
particular in the fields related to employability and equal
opportunities for all
Support has also been made available through the EMPLOYMENT Community
Initiative to help people who have specific difficulties in finding or
keeping a job or career One of the four strands of this Initiative
HORIZON provides support specifically for people with disabilities
disabilities ranging from physical to mental health impairments or
cerebral palsy A total of 1700 projects have received or are still
receiving ESF funding under HORIZON the aim of which is to develop new
ways of tackling the problems which people face in today's ever changing
labour market and to bring about positive changes in training and
employment policies and practices
Responding on the invitation of the Commission the Social Partners
have produced at EU level a Compendium of best practice on the
employment of people with disabilities which has been forwarded to the
Vienna European Council in December 1998 Moreover on 19 May 1999 they
adopted a Joint Declaration highlighting the need for promoting the
employment of people with disabilities as a positive factor for the
undertaking
In 1998 the European institutions also adopted a Code of Good
Practice which provides a clear statement of the European Institutions
policy in relation to the employment of people with disabilities as well
as a guideline for Directorates General and Services in this respect
The Technology Initiative for Disabled and Elderly people TIDE 1991
1994 was a community technology promotion and application initiative
with both a Pilot and a Bridge phase Between 1991 and 1994 a total
European Commission contribution of 52 MECU was allocated to the
initiative
A considerable number of projects targeting the needs of people with
disabilities have also been supported through various EU mainstream
programmes or initiatives such as Socrates Leonardo da Vinci Health
Promotion Daphne Prince Phare and Tacis etc
Co operation with and among the Member States has been particularly
reinforced through the creation of a High Level Group of Senior
Officials from the Member States The latter has proven to be a valuable
tool for framing and clarifying common goals for identifying examples of
best practice and for exchanging information and experience on
disability policy between the Member States
Building on the achievements of the Third Community Action programme
on behalf people with disabilities Helios II 1993 1996 the Commission
has also been strengthening its relations with NGOs in the disability
field and giving its support to the European Disability Forum with which
the Commission enjoys close and regular contact
2.3 A New Impetus
Although much progress has been made the
Commission is aware that more work needs to be done to achieve the goal
of full participation and equal access for people with disabilities
The inclusion of a general non discrimination article covering inter
alia disability in the Treaty of Amsterdam provides the basis for a
crucial leap forward in this area Based on Article 13 of the EC Treaty
the European Commission has adopted on 26 November 1999 a comprehensive anti discrimination package 5 From a disability
perspective the relevant part of this package consists of a proposal for
a directive in the field of employment and occupation prohibiting
discrimination on all grounds of discrimination listed in Article 13 and
an action programme consisting of a wide array of complementary measures
in this respect Discrimination faced by people with disabilities on the
labour market will be further addressed by the new Community Initiative
EQUAL 2000 2006 the aim of which is transnational co operation to
promote new means of combating all forms of discrimination and
inequalities in connection with the labour market
6 Page 7 8
However the adoption of instruments for combating discrimination
constitutes only one part of a broader strategy for promoting equal
access for people with disabilities Accordingly in addition to the new
Article 13 the Intergovernmental Conference at Amsterdam sought to offer
an even stronger guarantee to people with disabilities by including the
Declaration n 22 in the Final Act stating that the Community
institutions must take account of the needs of persons with a disability
when adopting measures to approximate Member States legislation In
adopting this declaration the Conference underlined the need at EU level
for the adoption of more inclusive standards which would translate
general concepts of non discrimination and equal access into the
processes involved in completion of the internal market
To complement the anti discrimination initiatives as well as to meet
the commitment made by the Intergovernmental Conference the Commission
has decided to reinforce its rights based approach to disability by
outlining some strategic approaches and key actions to promote a greater
inclusiveness of European Union policy The focus of this Communication
therefore rests primarily upon EU policies that are considered critical
for successful removal of access barriers to people with disabilities As
such it places a particular emphasis upon the achievement of a greater
synergy between related issues in the fields of employment education and
vocational training transport the internal market information society
new technologies and consumer policy
This Communication therefore acknowledges that the main
responsibility for disability policy remains with the Member States as
the present scope of Community competence requires action in only a
limited number of fields in this respect That being said this
Communication clearly demonstrate that the present scope of Community
competence nevertheless provides for substantial means to contribute to
equality of opportunities for people with disabilities
Finally the purpose of this Communication is not simply to set up a
collection of specific objectives or measures but also to serve as a
policy tool to recast the whole Commission's approach to disability
along the principles of non discrimination and inclusiveness
3 PART I A ROADMAP TOWARD GREATER COMMUNITY ADDED VALUE
3.1 Toward Greater Mobility as an Aspect of Citizenship
In our
modern society it is impossible to be integrated to any useful extent in
social life or in economy if one cannot move freely whether for the
purpose of work or leisure Mobility should not be regarded simply as a
convenience or even as a social and economic necessity It should be
regarded as a right to which everyone should be entitled subject to
reasonable economic and technical constraints
7 Page 8 9
This is all the more true for people with mobility handicaps for whom
the ability to participate at all in social commercial economic cultural
and political life depends on the solution of mobility problems in a way
which does not apply to other people However it is also widely accepted
that making transport easier to use for people with disabilities would
contribute to meeting broader policy objectives like improving public
transport reducing congestion lessening social exclusion and keeping
people mobile and integrated in the community as far as possible
The European Union has recognised the significance of this issue for
some time In 1993 the Commission adopted a Community Action Programme
for Accessible Transport 6 whose aim was to increase the usability of
transport for persons with reduced mobility It involved a series of
Community measures to be taken in relation to technical standards
applicable to means of transport and transport infrastructure
facilitating co operation on information programmes and co ordinating
research programmes
More recently the Commission has adopted a proposal for a Directive
relating to special provisions for vehicles used for the carriage of
passengers comprising more than eight seats in addition to the driver's
seat buses and coaches 7 which inter alia lays down that vehicles used
for urban services must be accessible to people with limited mobility
including those using wheelchairs The draft directive establishes
technical prescriptions for accessible vehicles to be used for urban
passenger transport acknowledging the requirement to extend
accessibility to interurban transport vehicles
Within several EU research programmes particular attention has also
been paid to the needs of people with reduced mobility Research included
inter alia projects on the problems of low floor buses the development
of urban transport systems integrating people with reduced mobility and
research on passenger interfaces and rail accessibility
Building on these achievements the Commission envisages to strengthen
the EU contribution to improving mobility for people with disabilities
along the following lines
Improving Service Level To complement the bus and coaches draft
directive the Commission will draw up guidelines on better provision for
people with disabilities in public transport vehicles and in all
transport related facilities
Access to Rail Travel The Commission will seek to implement some
recommendations drawn from the COST 335 project on Passenger's
accessibility of heavy rail systems in particular in the drafting of
Technical Specifications for Interoperability under Community
legislation of the interoperability of the TransEuropean railway
networks
Air Travel Although serious efforts are made by airports and air
carriers particularly encouraged by ACI and IATA to conform to Standards
and Recommended Practices of the International Civil Aviation
Organisation as well as those of the European Civil Association
Conference unavailability of accommodations and frequent instances were
boarding has been denied continue to cause some problems for people with
disabilities using travel services across Europe The Commission will
consider the action needed as part of the policy it intends to develop on air passenger rights including promoting good practice in co
operation with the sector and the users
8 Page 9 10
Maritime transport In June 1991 the International Maritime
Organisation IMO adopted the Recommendation on the design and operation
of passenger ships to respond to elderlyand disabled persons'needs The
Commission is implementing this Recommendation as well as the results
of the Handiami Project an investigation into the problems of disabled
passengers in access and emergency situations when using marine
transport and the employment of disabled people in the maritime industry
For example the Council Directive 1999 35 EC of 29 April 1999 on a
system of mandatory surveys for the safe operation of regular ro ro
ferry and highspeed passenger craft services 8 contains a specific
requirement that Companies are to ensure that on board their ro ro
ferries and high speed passenger craft general information about the
services and assistance available to elderly and disabled persons on
board is made known to the passengers and is made available in formats
suitable for people with impaired sight
Inclusive Trans European Networks According to the Community
guidelines for the development of the Trans European transport network
TEN 9 one of the aim of the network is to ensure sustainable mobility of
people and goods within an area without internal frontiers under best
possible social and safety conditions and to offer users high quality
infrastructure on acceptable economic terms Whilst this objective
applies also to people with disabilities there are no particular
conditions imposing full access for people with disabilities The
decision to build transport infrastructure projects including the
selection of the technical standards is primarily the responsibility of
the Member States The revision of the guidelines for TENTransport offers
the possibility to draw their attention to the need to improve access to
the network for people with reduced mobility in view of promoting
further quality standards of this network Member States
Mainstreaming in further research Accessibility issues will be taken
into account under the 5 th Framework Research programme in particular
with regard to the key action on research into transport infrastructures
and their interfaces with transport means and systems sustainable
mobility and intermodality and systems and services for the citizen
Fostering good practice With UITP International Public Transport
Association and the POLIS network of local and regional authorities the
Commission has set up the European Local Transport Information Service
ELTIS This is a computerised database of good practice in local and
regional transport It includes case studies of accessible transport for
people with reduced mobility and the opportunity for operators and
authorities to submit their own case studies The Commission will
continue to support the exchange of know how and good practice and state
of art technologies throughout Europe and further integrate the needs of
mobility impaired people in its relevant mainstream projects
Encouraging reciprocal recognition Since the adoption of the Council
Recommendation of June 1998 on parking card for people with disabilities
10 there is already reciprocal recognition between Member states of
parking concessions for people with disabilities The Commission will
consider the possibility of extending this approach to other similar
areas
9 Page 10 11
3.2 Toward More Accessibility The Need to Fill Intersectoral
Policy Gaps
Making means of transport and travel information more
accessible will not be enough in the absence of a comprehensive review
of the whole transport chain Accessible buses or trains are not of great
use if people with mobility impairments cannot reach the bus stop or the
station or if they cannot use an automated ticket dispenser Bridging
such gaps would require the development of a framework to address
accessibility issues between transport systems buildings and other
public areas Such framework clearly involves closer co operation among
several policies and levels of governance
This is also true at EU level where a number of policies such as
industry information society social cohesion and regional development
environment transport social policy and health and safety at work affect
accessibility issues Some aspects of the mobility chain are already
partly dealt by EU legislation such as the framework directive 89 391
EEC 11 which foresees that the employer should adapt the work to the
disabled worker In an other field the European Parliament and Council
Directive 95 16 EC of 29 June 1995 12 sets out specific points for
access to new lifts by disabled persons and the Commission
recommendation of 8 June 1995 13 sets out different measures for
improving safety and accessibility for existing lifts
It is the view of the Commission that the European Union should
promote accessibility in a co ordinated way among several policy fields
By so doing it would contribute towards an improvement in the quality of
working life the protection of the consumer and the competitiveness of
European Industry Indeed policies to promote employment for people with
disabilities will not be effective unless they are backed by effective
action to reduce and where possible eliminate accessibility problems
Moreover a good and safe working environment is important for the
individual in order to maintain health and working capacity as well as
an important competitive factor for the enterprise At the same time
accessibility is good business for the whole commercial sector of
facilities provided for the public this is particularly true in the
tourist sector where hotels holidays centres and sites of interest which
are accessible to people with disabilities and elderly are the only
option for a considerable and increasing number of clients Furthermore
as with transport issues accessibility and ease of use are powerful
preventative measures against fatigue and accidents
Finally the harmonisation of building standards aiming at
accessibility as well as safety has a valuable contribution to make to
the promotion of a European market in a wide range of goods and services
In consultation with theindustry andusers
theCommissionwillidentifythoseareas where it would be appropriate to
implement EU mandatory accessibility standards for the built environment
10 Page 11 12
Many new transport and infrastructure projects are being planned or
constructed in Europe with the support of EU funding This is the case in
particular as far as TransEuropean networks and the Structural Funds are
concerned The lifetime of transport equipment and infrastructure can be
extremely long and it is vital to consider accessibility requirements
from the outset The Commission will seek that projects considered for EU
funding incorporate accessibility requirements to approved standards or
recognised best practice into the design and construction
The Commission will seek to use its market strength to encourage the
commercial construction sector to comply with the best practice in the
field of accessibility standards and encourage every public authority in
Europe to do so
The Commission based on its own evaluation and the reports which
Member States are required to submit will assess the implementation of
the disability requirement contained within the framework directive 89
391 EEC in addition to its degree of compliance within the workplace as
well as the enforcement effort deployed in its application
The Commission will build a database with guidance on best practice
and on methods improving disability management in the workplace This
will be achieved by means of up to date electronic information enabling
access by enterprises and their intermediates at the European Health and
Safety Agency
The Commission will explore appropriate ways to promote at EU level
measures seeking that architects construction engineers and others
involved in the design and construction of the physical environment have
access to adequate information on disability policy and measures to
achieve accessibility
Within the 5 th framework programme new ways to promote universal
design in accessibility will be explored for example promoting housing
that is easily adaptable across the lifecycle and to meet differing
accessibility needs
3.3 Harnessing the Information Society for the Benefit of All The
Europe Initiative and Disability
Issues relating to accessibility are also of utmost importance in the
context of the information society Developments in technology
particularly information and communication technology can offer
tremendous opportunities However people with disabilities can also face
additional barriers
In this context the European Union has already developed several
initiatives to ensure that the information society benefits everyone
including people with disabilities This is aptly demonstrated by the
Commission's Communication on The Social and Labour Market Dimension of
the Information Societ y People First 14 The Next Steps aimed to
identify specific actions designed to maximise the contribution of the
Information Society in promoting employment and inclusion
11 Page 12 13
Other relevant initiatives have included the Directive 98 10 EC on open
network provision to voice telephony and on universal service for
telecommunications in a competitive environment 15 which requests the
Member States where appropriate to take suitable measures in order to
guarantee access to and affordability of all fixed public telephone
services for disabled users and users with special social needs More
recently on 9 March 1999 the Council and the European Parliament also
adopted the Radio Equipment Telecommunications Terminal Equipment R TTE
Directive 16 which inter alia gives the Commission the powers to decide
that apparatus within certain equipment classes or apparatus of
particular types must be so constructed that it supports certain
features in order to facilitate its use by users with a disability
In the frame of the European Information Society Standardisation
policy the Commission has also assigned a standardisation mandate to the
European standardisation organisations CEN CENELEC and ETSI inviting
them to identify the specific needs for standardisation in support of a
better integration of elderly and disabled people in the Information
Society see http www cenorm be iss Workshop Design for All Default htm
Under the Fifth RTD Framework Programme 17 research notably addresses
person system interfaces and adaptive and assistive systems to overcome
problems caused by environmental barriers confronting those with
physical and or intellectual impairments as well as intelligent systems
and services to support independent living and participation in the
information society The European Commission's Joint Research Centre also
actively participates in research related to a number of emerging
technologies such as the implementation of voice to text systems for the
deaf man machine interfaces at the workplace and internet access for
people with disabilities
On 8 December 1999 the European Commission launched an initiative
entitled eEurope An Information Society for All which proposes ambitious
targets to bring the benefits of the Information Society within reach of
all Europeans The initiative focuses on ten priority areas one of them
specifically addressing the needs of people with disabilities The
targets set up by the Communication for improving access to the
information society for people with disabilities include the following
A review of the relevant legislation and standards programmes dealing
with the Information Society will be undertaken with a view to ensuring
their conformity with accessibility principles and accelerating
standardisation processes
The Commission will prepare a Communication on how public procurement
instruments can positively take account of the needs of people with
disabilities in the public procurement of information and communication
technology products and services
The European Institutions and the Member States should endorse the
existing Web Accessibility Initiative WAI guidelines making the design
and content of all public Web sites accessible to people with
disabilities http www w3 org tr waiwebcontent Public private
partnerships should be encouraged to ensure widespread web accessibility
12 Page 13 14
The Commission will set up a European network to optimise the
interaction among national centres of excellence either physical or
virtual and encourage the development of curricula in design for all for
designers and engineers
3.4 Enabling technologies Toward a More Developed Common Market
for Assistive Technology
Fostering the design for all principle will result in technologies
goods and services that accommodate the needs of a broader range of
users including many of those with disabilities However designing for
the broader average will not always accommodate the needs of those with
severe disabilities or very specific requirements Ensuring access to
technologies for such users can be best achieved by other means
designing special products and services or in many cases adapting or
interfacing existing products and services to meet particular
requirements This technology which is based on special products and
services for older people and people with disabilities is often called
assistive technology AT
The markets for such services and products are significant at present
but are set to grow enormously given demographic developments It is
estimated that in 1990 disabled and elderly consumers directly purchased
mainstream goods and services worth 326 billion ECU With reference to
the market for specialised products and services it is estimated that in
Europe this market is worth 10 billion Euro at present and is growing at
a rate of 10 to 20 per annum
However the economies of scale which the internal market should
foster do not operate smoothly in this area The AT industry is very
fragmented particularly when it comes to specialised products and
services These are often produced by small and medium sized enterprises
which address the needs of consumers with particular disabilities which
may have a very small portfolio of products at a regional or even local
level and which often have limited resources Fragmentation in the AT
industry also arises from the national regulations which tend to vary
from Member State to Member State This fragmentation leads to solutions
which are often incompatible to duplication of effort and to a
consequent inefficient utilisation of funding and financial resources
Promoting a healthy AT industry and a well developed market at EU
level will improve the availability of cost effective products and
services for the end user In addition proper development of the market
has significant potential to reduce the increasing cost of care It is
also important to address these issues because this market is in danger
of being lost to foreign competition in particular to competition from
the USA where several laws mandating access such as the 1990 Americans
with Disabilities Act and Section 508 of the 1986 Rehabilitation Act are
boosting the development of the AT industry On the one hand promotional
activities to enhance initiatives by small and medium sized enterprises
working this area is already included in the activities of the Fifth
Framework Programme on the other hand Article 13 of the Amsterdam Treaty
will eventually have a trickle down effect on national legislations in
European member states
Some assistive devices for people with disabilities are already
covered by the Council Directive concerning medical devices 18 whose
purpose is to stimulate an open European market and a transparent market
offer The CEN Technical Committee TC 293 Standardisation of Technical
Aids for Persons with Disabilities has prepared a first set of standards for products groups such as
wheelchairs Other standards are in the preparatory or development stage
In order to improve the competitiveness of the AT market and provide
better availability of the products the Commission will consider the
feasibility of implementing usability standards in this field
13 Page 14 15
The Commission has requested CEN CENELEC ETSI to determine in close
cooperation with organisations representing the needs of elderly and
disabled persons and relevant consumers requirements for standardisation
to ensure accessibility for disabled and elderly people within the
information society The Mandate emphasises the need to further develop
the design for all approach while developing new services and products
as well as the assistive technology approach when required
Information collection and dissemination is a prerequisite for
availability of information advice and guidance to end users and to
market development Building on the experience of the Handynet and other
database or information gathering projects the Commission will seek to
improve co operation and exchange between existing and potential future
national assistive technology information offices taking into
consideration the possibilities offered by the increasing use of the
internet
The availability and affordability of appropriate assistive devices
is critical to equality of opportunities for many people with a
disability Member States are responsible for the provision of aids and
appliances The arrangements for delivery and the eligibility for
assistance of people with a disabilities may vary between and within
States However removal of physical social and policy barriers to foster
the free movement of people cross border acceptance of services and
barrier free sales of products is a target that the EU will continue to
strive for
The Commission is in favour of reducing or eliminating taxes and
tariffs on aids and appliances for people with disabilities where this
does not conflict with other tax and customs policy objectives It is
worth recalling that Member States may already apply a reduced rate of
VAT to medical equipment aids and appliances for people with
disabilities 19 In the customs field a Council Regulation 20 provides
that articles for the use of people with disabilities should be imported
free of import duties under certain conditions
3.5 Protecting the Rights and Interests of Consumers with
Disabilities in the Marketplace
As stated in the previous chapter with the emergence of the single
market and the disappearance of the fragmented national markets there is
a unique opportunity to design products at an affordable price for a
segment of the market that was previously difficult to reach
In the past many companies particularly those whose products are
marketed across the full spectrum of the population tended to consider
disabled customers as a niche market at best and an unwanted intrusion
at worst However companies are increasingly taking the view that when
properly managed programmes which address the needs of people with
disabilities can open up new market opportunities and be profit
generators rather than cost enhancers
14 Page 15 16
This positive trend is also been reflected in the development of the
European consumer policy which aims to cover all kinds of consumers
including consumers with disabilities The approach adopted so far has
involved the consideration of projects for financial support and the
inclusion of representative organisations in consultation procedures
wherever appropriate Examples of this type of action include the
development of criteria on Special User Needs that could be included in
the protocols used for comparative testing of consumer products and the
application of the principle of Design for all although the latter has
to date concentrated primarily on preparation for the introduction of
the EURO This work has been carried out through the integration of
representatives of people with particular impairments at all stages of
the decision making process as consumer representatives
In the context of consumer protection mention should also be made of
the Directive 95 46 EC 21 which ensures inter alia a qualified
protection of personal data revealing disabilities
These positive developments could be further strengthened along the
following lines In the framework of its Consumer Policy action plan for
the new Millennium the Commission should pay particular attention to
ensure that the specific needs of people with disabilities are duly
taken into account in particular when as regards access to justice
financial services and product safety
Under the framework standardisation mandate in the field of consumer
safety the Commission has issued a Mandate to the European Standard
Bodies to develop a guidance document for standards writers how to
address the issue of safety and usability for people with special needs
Addressing the needs of disabled consumers will be included among the
policy objectives that will be made explicit in the new regulatory
framework for Electronic Communications infrastructure and associated
services 22
4 PART II POLICY TOOLS FOR THE ACHIEVEMENT OF GREATER COMMUNITY
ADDED VALUE
Imperfect knowledge of the true extent of disability ignorance or
prejudice about its structural characteristics and a limited knowledge
of the various initiatives which can be taken to improve access have
been identified by the Commission and is one of the major obstacles to
overcome in order to make inclusive policies The problem is also
compounded by the fact that people with disabilities form a very diverse
group with very different life circumstances types and severity of
disability and face a range of different barriers A strong knowledge
base adequate co ordination and consultation mechanisms are seen as
essential tools for the implementation of any measure
Towards a new framework for Electronic
Communications infrastructure and associated services The
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4.1 Interpreting the numbers and understanding the needs
Reliable
statistical and demographic data and information about people with
disabilities are essential to help the Commission and all policy makers
to plan and design measures that will enable all individuals including
those with functional limitations to perform independently and
efficiently at home in the workplace and in social life at large
In 1992 1993 Eurostat published a comprehensive document providing a
first series of statistics on the characteristics and of the socio
economic situation of the population of disabled persons Since 1994 the
European Community Household Panel ECHP a multipurpose survey set up
within the European Statistical System ESS as a monitoring tool to
provide longitudinal information on a number of social issues provided a
first series of data on disability comparable at Community level
The Commission will endeavour to further improve the collection of
useful statistical information on the needs of people with disabilities
along the following lines
Data will be collected in respect to health status social protection
health and safety at work employment and education Moreover according to
the Commission regulation EC No 1924 1999 of 8 September 1999 23
anadhocmoduleinthe European labour force survey concerning disabled
people's employment will be completed in 2002
Co operation among Member States will be promoted to develop a
framework for ensuring that a consistent core of definitions and data
collection methods are used across the Member states and to improve
comparability of statistical data on disability across the Community
Where needed ways will be explored for filling the data gaps
The programme on health monitoring aims at developing a framework of
comparable health indicators and data in the EU These indicators will
enable a better understanding of the different types and degrees of
disability with regard to everyday activities social life and working
abilities
The Fifth RTD Framework Programme 1998 to 2002 will contribute
significantly to improve the knowledge base on disabilities in
particular through its programme Quality life and management of living
resources through its key action The Ageing Population and through the
action line Research relating to people with disabilities They aim to
enhance the quality of life and independence of people with disabilities
notably through improving their social and physical environment e g
technology for rehabilitation and assistance and the effective and
efficient delivery of the health and social care services available to
them
4.2 Designing inclusive EU programmes At EU level the
Commission looks forward to design programmes open and accessible for
all EU citizens and which as a matter of principle incorporate the
individual and particular needs of people with disabilities in the very
core of their design At the same time it recognises that the specific
needs that result from disabilities cannot always be accommodated in
each and every mainstream programme Where this is the case the
Commission's overall approach is to provide complementary measures designed to mesh with the
generic programme to ensure that no one is denied the opportunity to
participate just because of disability
16 Page 17 18
The Commission will seek to ensure the participation of people with
disabilities in mainstream programmes To this end it will provide where
needed specific measures in order to meet the particular needs of people
with disabilities so as to ensure true equality of opportunity The costs
of specific measures needed to allow such participation will also be
taken into account as far as budgetary constraints allow in calculating
the amount of Community financial support to be granted
4.3 Leading by example
In order to further its commitment to
creating a barrier free service which is accessible to all as well as to
strengthen the credibility to its recommendations to other actors the
Commission will continue to foster the development of best practice
within its own organisation
a) Employment
People with disabilities are significantly under
represented in the workplace an arena that includes the European public
service The Commission together with the other EU institutions has
adopted in 1998 a Code of Good Practice on the employment of people with
disabilities The following points of the code are of particular note
adaptation of the examination recruitment procedures to the needs of
disabled candidates access to specific training when needed for disabled
officials staff retention measures involving technical support
reorganisation of work and flexible or part time working entitlement to
reasonable accommodation of the working environment
The Commission considers of utmost importance to further implement
the Code and to support the participation of people with disabilities
within the Commissions services This would also help to demonstrate the
valuable contribution of people with disabilities to the workforce and
improve sensitiveness on the issue among other staff
Within the framework of its internal reform the Commission will take
the necessary measures to facilitate the access of people with
disabilities to work in the European Public Service The issues which
need to be addressed include the organisation of competitions career
development administrative assistance and the provision of appropriately
equipped offices and buildings Posts which can be most easily occupied
by those with a disability will also be identified
The Commission will encourage staff to attend disability awareness
training which includes information on disability discrimination issues
as well as presentations by people with a variety of disabilities when
appropriate
b) Accessibility of Commissions premises
Within the framework of the
above mentioned Code of good practice the Commission has already
committed itself to develop strategies for ensuring that accessibility
issues are considered as part of any upgrade of existing premises and selection of new premises Furthermore all refurbishment building
upgrades and newly occupied buildings should at a minimum comply with
existing national standards
17 Page 18 19
The Commission will seek to ensure that offices and facilities are
accessible to its employees and to citizens who visit Commissions
services It will ensure that a list of accessible meeting venues
including details of nearby toilets and facilities such as assistive
devices etc is regularly publicised within the Commission and that when
organising venues for meetings the needs of people with disabilities are
considered
c) Information and Communication
Europeans with disabilities have the
same right and need for information as other citizens and the lack of
availability of public information in alternative formats prevents them
from gaining access to the information they need
The Commission is increasingly using the Internet as a means of
providing large numbers of people with access to information and other
services in a timely and cost effective way Availability of information
and services in electronic form via the World Wide Web has the potential
to provide equal access for people with a disability and to provide
access more broadly more cheaply and more quickly than is otherwise
possible using other formats However the presence of a document on the
World Wide Web does not guarantee by itself accessibility Language as
well as the physical location of documents can limit access to
information and create barriers to full part icipat ion of people wit h
disabilit ies
For communication to be inclusive and therefore effective the
differing needs of persons with disabilities must be considered Persons
with disabilities may have added difficulty in accessing information in
standard format Alternative formats are necessary to communicate
information to persons with sensory or cognitive disabilities
In addition to the commitment mentioned under point 3 3 the
Commission intends to undertake the following actions
The Office for Official Publications of the European Communities will
promote the development and implementation of standards and best
practices to make information more accessible to citizens with
disabilities It will also support the sharing of materials in alternate
formats across Europe through the EU Publishers Forum
The Commission will amend its guidelines on access to Commission
documents to ensure that publications and information about the policies
programs and services are accessible to people with disabilities in
alternate formats where appropriate and feasible
d) Mainstreaming in the European Schools
Several Recommendations and
Resolutions have already been adopted by the Council and the Ministers
of Education meeting within the Council aiming at improving the integration of children with disabilities into mainstream
schools 24 These initiatives have also been implemented within the
European Schools which are official education institutes falling under
the jurisdiction of the Governments of the Member states In particular
the Board of Governors of the European Schools decided in 1995 the
setting up of the Learning Support Committee with a view of widening and
redefining the framework for integration of pupils with disabilities in
all teaching levels of the European Schools
The Commission will continue to support the efforts made by the
European Schools to give appropriate support to pupils with disabilities
with a view to integrate them into its mainstream classes and in
particular to better assist students with specific learning disabilities
18 Page 19 20
4.4 Consulting people with disabilities
Life experience
provides people with disabilities with the skills and understanding to
quickly identify the policies and practices which affect or prevent them
from accessing services and facilities and to devise possible solutions
to address those barriers In particular the Commission acknowledges that
most of the ideas formulated in this Communication have been drawn by
the Commission from its ongoing dialogue with people with disabilities
experts and associations in the disability field
In implementing its initiatives the Commission will seek to build
consultation processes with the disability community and its
representative NGOs Depending upon the issue these process will vary to
suit specific circumstances ex participation in advisory consultative
bodies setting up of references groups or working parties drawing up of
consultations papers or conducting public forums internet
To strengthen the disability community capacity to contribute to
policy and program development the Commission will promote partnerships
among disability organisations other NGOs social partners support events
and mechanisms which encourage greater engagement and consultation and
encourage the flow of information and knowledge through networks and
research by non governmental organisations
4.5 Strengthening the co ordination among Commission's services
The
main mechanism to date for the co ordination of disability policy across
relevant areas of Commission responsibility has been the Interservice
group on Disability All relevant Directorates General already
participate actively in the group and it has proven to be an effective
tool to raise awareness of disability issues and to encourage more
intersectoral cooperation in this field
The disability Interservice group will therefore continue to meet
regularly in order to exchange information on the state of play in
respect of relevant actions in each policy field and to consider the
development of any additional action so
See in particular the Resolution of the Council and the Ministers
for Education meeting with the Council of 31 May 1990 concerning
integration of children and young people with disabilities into ordinary
systems of education
as to optimise both the existing resources and the inter service
complementarity
19 Page 20
The Interservice group will work to develop audit tools and
information related to disability issues at the intention of Commissions
services
The Commission's services will seek to produce targeted guidance for
people with disabilities seeking assistance for information on EU
programmes and initiatives relevant to people with disabilities
5 PART III LOOKING BEYOND RAISING AWARENESS STRENGHTENING CO
OPERATION AND BUILDING MOMENTUM
The directions outlined above as well as the ongoing work with Member
States and non governmental organisations will contribute to achieve
progress in removing barriers and enhancing the opportunities for people
with disabilities to participate fully in all aspects of society
The present Communication focuses mainly on the issue of
accessibility as a way to increase the awareness of policy makers
industry and society as a whole about what is possible and what is
demanded It emphasises that accessibility also serves a wider purpose in
that it connects accessibility with full citizenship in modern societies
However making this a reality will require the involvement the
support and the co operation of all stakeholders governments at all
levels the private sector communities voluntary sector groups people
with disabilities and their families While governments at all levels can
help by providing leadership expertise and resources everyone must get
involved if we are to succeed in removing attitudinal barriers and
opening up opportunities to all Europeans
With this aim in mind the Commission will propose to the Council the
year 2003 to be declared as the European Year of Disabled Citizens in
order to raise awareness to stimulate participation to build momentum
for new policies at all levels and to strengthen the concept of European
citizenship for people with disabilities
The Commission will also encourage the Candidate countries to closely
follow this development of the Community policy on behalf people with
disabilities
Finally progress in the implementation of this Communication will be
assessed in a Report to the Council and the European parliament which
will constitute one of the Commissions contribution to that European
Year
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