EBU Non Discrimination Update

Issue No 4, April - June 2006




1. SERVICES



2. SOCIAL PROTECTION POLICIES



3. NON DISCRIMINATION



4. ACCESSIBILITY



5. INFORMATION SOCIETY



6. EUROPEAN FINANCING



7. INTERESTING EVENTS

 

8. PARTICIPATION IN CONSULTATION PROCESSES


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1. SERVICES

1.1 Proposal for a Directive on Internal Market Services

 

ACTIONS

Proposal for a Directive on Internal Market Services


INTEREST FOR EBU

Although in principle this proposed Directive focuses on the Internal Market, after the modification of the text carried out by the European Commission, specific mention has been made to Social Services of General Interest, within its field of application.


BACKGROUND

The proposed Directive on Services in the Internal Market is part of a political process initiated in March 2000 with the adoption of the Lisbon Strategy, aimed at turning the European Union into the most competitive economy of knowledge by 2010.

The proposed Directive was presented by the European Commission on 13 January 2004 and its main objective is the elimination of existing obstacles and barriers within the internal market that have an effect on a wide range of transnational operations of services within the European Union.
It is a framework or transversal Directive that means that it tries to set a general legal framework applicable to all services in general, apart from very concrete exceptions.

In its field of application, there are services such as gambling (including therefore lotteries and games of chance) and Services of General Interest that have a financial nature.

The Commission's modified proposal restricts exclusion, limiting it only to social housing services, childcare and support to families in need. The Parliament mentions those services only as a matter of example. Although the explanation given by the Commission is that general exclusion would bring a great legal uncertainty.

Given the legal uncertainty, this new text could have a negative impact on the interests of the disability sector.


ACTIONS TO BE CARRIED OUT

As you know, the first discussions of the Competitivity Council took place on 20 and 21 April.
The formal Competitivity Council took place on 29 May.
On 9 July, there will be an informal meeting that could make progress in the negotiations.
The Second Reading in the European Parliament will start in September 2006.


OBSERVATIONS/STATUS

Under study.

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2. SOCIAL PROTECTION POLICIES


2. 1 Services of General Interest : Social Services of General Interest



INTEREST FOR EBU

This future proposal for Services of General Interest influences, among others, Social Services which are so important for all people with disabilities.



BACKGROUND

The European Commission adopted on 26 April a Communication on Social Services of General Interest. The annexes of the Communication and the previous contributions sent by the various Member States were also published.
The annexes contain additional information on the Commission's analysis of social services, as a dynamic sector in European economies and the application of the EU legislation to them. The objective of the Communication is to set the basis for a future in-depth debate at EU level on characteristics of social services of general interest, their relevance for protection of the European social model, the competences of Member States and the EU as well as Community rules which they are subject to.

An analysis of this communication has been carried out and the main points are as follows:

I. Definition of social services

The Communication recognizes in a rather ambiguous manner two main types of social services:

1) Statutory and complementary social security schemes, covering disability, among other aspects

2) Other essential services provided directly to the person. They play a prevention and social cohesion role. They include services such as:
Direct assistance to the person;
Provision of necessary competencies to enable social and labour integration;
Assurance of the long-term integration of people with special needs, such as people with disabilities;
Fostering or social housing.

The Commission advises that some of these services may be included simultaneously in those four sub-categories.
Annex 2 of the Communication refers to personal social services and points out that these services are provided by public authorities or by non profit voluntary organizations, which are essential for keeping a high quality level of social services.
The Communication recognizes that social services fill a special place within the widest category of services of general interest as they are characterized by the presence of the following principles:
Solidarity
Comprehensive and personalized nature to guarantee fundamental rights and protect the most vulnerable people
Not for profit
Participation of voluntary workers or expression of citizenship capacity
Strongly rooted in local cultural traditions
An asymmetric relationship between providers and beneficiaries that cannot be assimilated with a 'normal' supplier/consumer relationship and requires the participation of a financing third party.

II. Application of EU rules

The Commission explains that the services identified as general interest services will have to follow at all times some basic rules of EU Treaties,
such as the non discrimination principle, free circulation of people and public procurement. If the services of general interest are of an economic nature, they will also have to follow Community rules related to competition law, freedom to provide services and freedom of establishment and State assistance.

With regards what is understood as economic nature, the text of the Communication limits itself to state that jurisprudence has progressed along the way and that it would need to be clarified, in order to reduce the current legal uncertainty.

The Communication makes afterwards a distinction between various types of the most frequent organization of social services. It is worth highlighting the following:

1) Delegation and/or public-private partnership
The Commission points out that in these cases the rules on public procurement could be applied and that, in any case, it is necessary to respect the principles of transparency, equal treatment and proportionality.
For cases of public-private partnership, the Commission estimates that it should be necessary to clarify the term of "concession" and the rules concerning their award.

2) Public financial compensation
In those cases, rules related to State aid would be applicable, although social services would be exempted from the obligation of prior notification to the European Commission.

3) Regulation of the market
These cases are related to situations where social services are provided by private operators, and therefore rules related to the internal market are applicable. Once again, the Commission points out that it is necessary to respect non discrimination and proportionality principles.


ACTIONS TO BE CARRIED OUT

It is worth highlighting the following actions that the Commission announces as a follow-up to this Communication:

Public consultation on the following aspects:
o Factors related to general and specific characteristics of social services
o How those factors could be taken into account by Member States when they define social services of general interest and their organization, in order for them to be in agreement with Community law
o Practical examples of application of Community law to social services and of problems encountered
o How social services characteristics could be taken into account by the Commission in specific cases where it is necessary to assess the
compatibility of a social service and its organization modality with applicable Community rules.

Biennial reports in the framework of Community initiatives that support the modernization of social services and, in particular, the open method of coordination in the field of social protection and inclusion. The first biennial report is planned for mid 2007 and it will concern the functioning of the sector, it socio-economic importance, and the implication of the application of Community law. A study to collect the necessary
information is already under way for the publication of this biennial report.

The Commission will examine again the situation of social services or of some sectors, and will define the best strategy to follow, which could imply the adoption of a legislative proposal.

The main points that remain to be clarified and for which we should gather more information are the following:

  Planned schedule for carrying out actions announced by the Commission as follow-up.
  Regarding the definition and classification of social services by the Commission: what criteria have been used to identify the four sub-groups of social services given directly to the person and, more especially, could these sub-divisions imply, in the opinion of the Commission, a different legal process, even if the Commission admits that a particular service could fit at the same time in the four sub-groups.
  At the same time, it would be important to analyze what the Commission understands as "concessions".
  In the conclusions, the Commission declares that in view of the first biennial report, it will analyze the situation of social services of general
interest or some sectors, without specifying which. It would be advisable to find out whether the Commission has some concrete sectors in mind or what are its main preoccupations that could lead to concentrate on some sectors and not on others.
  Based on what was put forward in the conclusions, when does the Commission find advisable to make a case by case approach to services and not a general approach or treatment.


DEADLINE

There is no specific schedule so far regarding the follow-up on the Communication on social services of general interest. The Commission is planning to carry out a couple of public consultations, but none has been launched so far and in any case, it would be after the summer. As for biennial reports, the first one is scheduled for mid 2007 and it will concern the functioning of the sector, its socio-economic importance and the consequences of Community law application. There is already a study under way for the publication of this biennial report to obtain the
necessary information.


OBSERVATIONS/STATUS

Under study.

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3. NON DISCRIMINATION


3.1 Proposal of Regulation on Rights of Passengers with Reduced Mobility when Travelling by Air
 


INTEREST FOR EBU

This Regulation proposal is very important as it would be the first specific legislative proposal for people with disabilities.


BACKGROUND

- Formal adoption by the European Union Council on 9 June of the Regulation on the Rights of Passengers with Reduced Mobility when Travelling by Air.

- The text of the Regulation is accompanied by another document with the correction of a mistake related with the Preamble of this Regulation which has also been published.


ACTIONS TO BE CARRIED OUT

To work at national level and value the possibility of working jointly with the European Commission on the preparation of a guide containing recommendations on the interpretation of this Regulation.


DEADLINE

The text will be published in the Official Journal approximately around the end of July. After that, the Regulation will come into effect 20 days after
its publication (as established in the Treaties)

Nevertheless, there is a transition period for the effective application of the provisions:
- Articles 3 and 4 of the Regulation, precisely the ones related with the prohibition to refuse booking or boarding and the derogations or exceptions for security reasons will be implemented one year after the publication that will take place in July 2007.
- The rest of the Regulation will have a two-year transition period, so its application will take place approximately at the end of July
2008.

This implies that the implementation of almost the total Regulation (except Articles 3 and 4 which will be implemented in July 2007), will not take
place until July 2008.



OBSERVATIONS/STATUS

In progress



3.2 Opinion of the European Parliament on the Green Paper on Non Discrimination (2004)

 

INTEREST FOR EBU

Given the topics dealt with by this Green Paper on Non Discrimination published by the European Commission in 2004, and to which the EBU made some contributions, it is important to know the Opinion of the European Parliament on the subject.

 


BACKGROUND

As a response to the Commission's Green Paper on the framework strategy for non discrimination and equal opportunities for all, the opinion of the European Parliament on this subject was adopted in the plenary session of 15 June of the European Parliament by 390 votes in favour and 222 against.

It is worth stressing, on one hand, that the Parliament points out that struggle against discrimination must be based on education, promotion of good practice and campaigns aimed the general opinion in areas where there is more discrimination.

On the other hand, the Parliament recognizes the great importance to give an unequivocal definition on the significance of positive action, and differentiate it from positive discrimination.


ACTIONS TO BE CARRIED OUT

Analysis of this opinion of the European Parliament and follow-up of possible actions that could stem from it.


DEADLINE

-



OBSERVATIONS/STATUS

Under study

 

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4. Accessibility


 4.1 Compatibility of European Parliament's webpage with all accessibility requisites for people with disabilities.


INTEREST FOR EBU

Accessibility is one of the priority areas for all the community of blind or partially sighted people and this type of initiatives are very important as they allow us to check that awareness on these questions is gradually increasing.

It is a good opportunity, with a minimum effort for the EBU, to show its commitment to cooperate within the European sphere, to make the organization visible and to make available its experience in the field of new technologies.
 


BACKGROUND

Through EDF we learnt that the European Parliament was working on the accessibility of its webpage.

Some EBU National members have offered their support and cooperation for this analysis and possible developments, as local European Parliament Offices in some countries have already started to make their own webpage accessible.

At the beginning of this study, some of the criteria used by the European Institutions are contrary to WAI standards, so a correct follow-up is necessary.

 

ACTIONS TO BE CARRIED OUT

Follow-up on progress being made and, if it should be requested, offer the necessary support and advice.


DEADLINE

-


OBSERVATIONS/STATUS

In progress.



4.2 Revision of the Universal Service Directive
 


INTEREST FOR EBU

This Directive has a direct effect on the whole topic of electronic communications networks where accessibility for all, and especially for people with disabilities, should be guaranteed.


BACKGROUND

Over the last years, the European Union has developed various initiatives aimed at guaranteeing the existence of a minimum set of good quality services, accessible to all according to some fixed criteria. These services have been called "universal services".

In this framework, the EU has established both obligations for Member States and supplying companies with regards the provision of a series of compulsory services, in particular in the area of electronic communications networks and services, and at the same time a series of rights for
final users.

The basic principles of the so-called "universal service" are defined in Directive 2002/22/EC.

Directive 2002/22/EC on universal service and users rights in relation with electronic communications networks and services is considered as the framework Directive regarding universal service.

It is worth remembering that the Universal Service Directive is part, together with another four directives, of the so-called telecommunications package, conceived to adapt the old regulatory framework and make the electronic communications more competitive.

* MEMBER STATES' OBLIGATIONS AND USERS' RIGHTS

The Universal Service Directive sets a series of obligations for Member States and businesses in order to guarantee those services, as well as a series of users' rights.

1. Regarding universal service obligations, it is worth stressing the following aspects:

* Availability of the universal service for all users, irrespective of their geographic location
* Information services on subscribers' numbers and directories
* Public pay telephones that will have to meet users' needs as far as adequate provision, geographical coverage, quality and accessibility for
users with disabilities are concerned.
* Affordable tariffs
* Quality of service.

2. Users' rights

As far as users' rights are concerned, it is worth mentioning that the Directive sets out in its Article 7, some special measures for users with disabilities, so that Member States will ensure that these people take advantage of an offer adapted to their needs, including:

- Specific measures to guarantee that end-users with disabilities have access to publicly available telephone services, including emergency services, directory enquiry services and directories;
- Measures to ensure that end-users with disabilities can also take advantage of the choice of undertakings and service providers available to the majority of citizens.

As set out in Article 15(2) of the Universal Service Directive, the Commission examined during 2005 the technological, social and market evolution that affects electronic communications consumers to assess whether there is a need for a modification in the scope of these rules to adapt them to the current economic and social reality.

This review has been reflected in the publication of two Communications on the subject, as well as the organization, last summer, of a public consultation.

The European Commission has indicated that it will carry on with the public debate on the provision of universal services in the context of the general review of the regulatory framework of electronic communications, which is hoped to start in July this year through the presentation of a Communication (that took place on 29 June) and the organization of a public consultation on the subject.


ACTIONS TO BE CARRIED OUT

Follow-up on developments made
Prepare an EBU contribution to this Communication

 

DEADLINE

The answering deadline to this Communication is 27 October 2006.



OBSERVATIONS/STATUS

Under study.

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4.3 7th Research and Development Programme


INTEREST FOR EBU

To try and include the universal accessibility concept. Moreover, the mention to the community of people with disabilities has been extended to
the social field, not only the health sector.


BACKGROUND

This is the result of the presentation by some EBU National members of amendments for the report project by the Committee on Industry,
Research and Energy on the European Parliament and Council's proposal of a Decision on the EU Seventh Framework Programme of
Research, Technological Development and Demonstration Activities (2007 a 2013) (7th Research and Development Programme).

All these amendments are related with the inclusion of the concept of universal accessibility and with the special mention to people with
disabilities.
- The amendment 125, included on page 67 of the British Parliamentary report, has been approved without any change in the proposed
text:
"To enable Europe to master and shape the future developments of Information and Communication Technologies (ICT) so that the demands of
its society and economy are met and the competitiveness of European industry is improved. Activities will strengthen Europe's scientific and
technology base and ensure its global leadership in ICT, help drive and stimulate product and process innovation and creativity through ICT use
and ensure that ICT progress is rapidly transformed into benefits for Europe's businesses, industry, and, in the final analysis, for all citizens,
especially those at risk of social exclusion such as people with disabilities, older people, or those with particular difficulties as regards access to
ICT. The priority will be considered to lie in reducing the digital divide. ICT will be the core of the knowledge-based society."

- In relation with the second suggested amendment, presented by the Spanish MEP David Hammerstein, it must be mentioned that,
given that there were many different amendments presented by other MEPs on that same subject, it was decided in the end to adopt in the
Commission a text that included the general message of these amendments.

It is amendment 138, included on page 74 of the final report with the following text:
"- ICT meeting societal challenges: New systems and services in areas of public interest improving quality, efficiency, social inclusiveness,
including accessibility for the disabled; user friendly applications, integration of new technologies and initiatives such as ambient assisted living."
- Amendment 146, on page 77 of the final report has also been approved without changing the wording proposed by some National
members, it contains the following text:
"- new media paradigms and new forms of content; creation of interactive digital content accessible to all; enriched user experiences; cost-
effective content delivery."


ACTIONS TO BE CARRIED OUT

Follow-up of developments being made in the legislative process


DEADLINE
-

OBSERVATIONS/STATUS

Under study.

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4.4. Revision of the Directive on Audiovisual Media Services (Television without Frontiers)

ACTIONS

Revision of the Directive on Audiovisual Media Services (Television without Frontiers).



INTEREST FOR EBU

The EBU will have to keep alert so the needs of blind and partially sighted people are fully met in this field. In this sense, work will have to be done to make sure that all accessibility guarantees are fulfilled in the revision of this Directive.


BACKGROUND

TSome National members have been holding meetings on this subject with shadow speakers, political advisors and political coordinators of leading commissions in the European Parliament.
It is worth mentioning that the legislative process is going through a good period, with many meetings, but also that there is little knowledge of the needs of people with disabilities in relation with what would mean in the end not having a digital television accessible for all.

Furthermore, the meeting of the Disability Intergroup on 17 May was also dedicated to this subject.

Between 19 and 23 June, several Parliamentary Committees met and included debates on the "Television with Frontiers" Directive.

It is worth mentioning the following aspects:

1. In the Committee on Civil Liberties, the speaker, Jean-Marie Cavada (PPE, France) presented his working document that sets the key elements to centre the debate in the Parliamentary Committee. Thanks to contacts made by our community, through EBU, his working document has included the need to make sure that accessibility for people with disabilities is one of the seven main items contained in the document, through various amendments prepared by our organization. During the debate in the Committee on Civil Liberties, the speaker was congratulated on his work and there was no intervention contrary to the subject.

2. The Committee on Internal Market and Consumer Protection debated also this dossier on Tuesday 20 June.

- During the discussion, speaker Heide Rhle (Greens, Germany), declared that the subject of accessibility is a priority item in this Directive, and that it must be guaranteed from the Internal Market and Consumer Protection perspective.
She stated that she would ask that the Member States be required to make reports on progress in this field. She said also that she would like to ask Member States to somehow take active and concrete measures.

- The alternate speaker, Syed Kamall (PPE, United Kingdom), referred to the 50 million people with disabilities in Europe and said that he would like to see the industry take their needs into consideration and adopt on its own all the concrete measures as soon as possible in cooperation
with EDF. Otherwise, it will be necessary to take legislative measures.

- Finally, it is worth mentioning that the European Commission representative said that equal access for people with disabilities is a priority objective of the Directive, but that in spite of this, it is not the adequate instrument to include binding measures. Furthermore, he said that the Commission is not competent to legislate on this subject and that it should be solved through voluntary regulation by the industry, given that there are still difficult problems which are difficult to solve.

- The Commission representative said that within two years the Commission will ask Member States to produce a report on developments in this field through voluntary agreements from the industry.

3. The Committee on Culture and Education debated also the subject and, especially a working document that had been prepared by the speaker, Ruth Hieronymi (PPE, Germany), establishing the main lines of the debate. Accessibility was never mentioned in the speaker's document or during the discussion. The debate focused on the field of application of the Directive and the subject of publicity and placement of products.

It is worth mentioning that the speaker informed about some changes in the initially planned agenda. This way, it has been agreed that she would present her draft report on 28 August (and not in July, as planned). The vote on the report in the Committee on Culture will take place extraordinarily during the week of 23 October in Strasbourg and the vote in the plenary will take place in December.


ACTIONS TO BE CARRIED OUT

Follow-up on actions as they are taking place.

We will have to keep on working so that accessibility for all in relation with digital television is also included in the draft report of the Committee on Culture, given that until now and in spite of numerous contacts held, it has not been the case.



DEADLINE

The Committee agenda has also been modified as follows:

- 28 August: Presentation of a draft report by Ms. Hieronymi
- September: Deadline for amendments presentation (exact day to be confirmed)
- Week of 23 October: vote in the Committee on Culture
- December 2006: vote in the plenary



OBSERVATIONS/STATUS

Under study

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4.5. European Institute of Technology

INTEREST FOR EBU

The interest for the EBU is the possibility to include the universal accessibility perspective.


BACKGROUND

On 8 June, the European Commission adopted a new communication on the creation of the European Institute of Technology (EIT), as a response to the Council request to have specifications on various aspects of this new body.

The Commission wishes the IET to be an autonomous body and that, according to this new communication, its executive committee to include representatives from the industry and the scientific world.

The Institute would be responsible for a series of inter-disciplinary subjects, such as nanotechnologies or green energies, as well as the support to medium and long term contributions and practices in the field of education, innovation and research.

In any case, the Commission has still not taken any decision regarding the budget of the Institute or its headquarters.

This proposal was presented to the European Council on 15 and 16 June for a general discussion. It will be followed by a formal legislative proposal during the autumn.



ACTIONS TO BE CARRIED OUT

To prepare a position to try to include the universal accessibility perspective



DEADLINE
-

OBSERVATIONS/STATUS

Under study

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5. KEY TOPICS: Information Society


5.1 E-Inclusion


INTEREST FOR EBU

The interest for EBU is to try and achieve that all citizens (with and without disabilities) can have equal access to the Information Society.


BACKGROUND

The conference held in Riga, Latvia on 12 and 13 June culminated with the adoption of a Ministerial Declaration to guarantee e-Inclusion for people with disabilities and other groups at risk of exclusion. 34 countries were present in this Intergovernmental Conference with Ministers from the EU, the European Economic Area and the EU accession and candidate countries.

The general objective of this initiative is to allow all citizens to have equal access to the information society, not only as an imperative and a social need, but also as an extraordinary opportunity for the industry.

Among the concrete objectives set by the Riga Ministerial Declaration on e-Inclusion, it is worth mentioning the following aspects:

* Halve the divide in the use of Internet by 2010, in relation with people with disabilities, older people and the unemployed;
* Ensure that all public websites are accessible in 2010;
* Initiate action by 2008 in the field of knowledge and skills to reduce the gaps of groups at risk of exclusion, by mid 2010 at the latest;
* Make recommendations in 2007 on accessibility standards and common approach, that would be compulsory for electronic procurement processes in 2010;
* Evaluate the need of legislative measures in the field of e-Accessibility and take into account the accessibility requisites in the revision of the legislative framework on electronic communications in June 2006.

Furthermore, Ministers have requested to the European Commission to examine urgently and in any case before the end of the year, the subject of ageing of the European population and independent life in the framework of the information society.

In order to reach the mentioned objectives, it will be necessary to promote best practice, orientations for the industry, research and innovation, national plans of e-Inclusion, and voluntary agreements among parties involved.

The Ministers recognized that the impact of new technologies on daily life is increasing all the time. Among other factors, lack of accessibility is a barrier that excludes between 30 and 40% of the population from the benefits of information society. Furthermore, only 3% of public Internet websites meet accessibility standards, which represent a great problem for 15% of the European population with some type of disability. In the Conference, it was said that this percentage represents a huge portion of European population unable to participate fully in social and economic life, which at the same time decreases the potential of labour markets and goods and services markets in the EU. For all these reasons, the Ministers firmly supported the Commission's intention to launch an initiative in 2008 on this subject, in the framework of the i2010 strategy.
Commissioner Reding insisted on the need for cooperation between the public administration, at all levels, and the industry and assured that the Commission will initiate all necessary means, including the Seventh Framework Programme on Research, innovative actions of the Competitivity and Innovation Programme and the strict application of the existing telecommunication rules.


ACTIONS TO BE CARRIED OUT

EBU members took part in the Conference held in Riga.
Follow-up on developments that are going to take place


DEADLINE

-


OBSERVATIONS/STATUS

In progress.

 

5.2 Electronic Communications


INTEREST FOR EBU

-


BACKGROUND

During the Council meeting of Telecommunications Ministers that took place on 9 June, the Ministers indicated that they were inclined to maintain the current regulatory framework for electronic communications, without the adoption of substantial changes.

The long-waited European Commission Communication on the revision of this regulatory framework took place on 29 June.


ACTIONS TO BE CARRIED OUT

On 19 June, some National members held a meeting with Inmaculada Placencia (Deputy Head of e-Inclusion Unit, DG Information Society and Media of the European Commission) on this subject.
She can be a good contact person for future developments.


DEADLINE

At present, and as already mentioned in a previous section, the European Commission has presented a communication on this subject.
Furthermore, a workshop is also planned to take place on 20 September.

The answering deadline to this European Commission Communication is 27 October 2006.


OBSERVATIONS/STATUS

Under study

 

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6. European Financing


6.1 Structural funds


INTEREST FOR EBU

-


BACKGROUND

The report to give the Parliament's consent on the legislative set of the structural funds was adopted on 22 June by the Commission for Regional Development of the Parliament. In the Plenary of the week starting 3 July, this subject will be reviewed and voted on in order for the Parliament to give its final approval. An agreement is expected as the Council has already granted its approval.


ACTIONS TO BE CARRIED OUT

Follow-up on actions as they are taking place.


DEADLINE

Second semester of 2006


OBSERVATIONS/STATUS

Under study

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7. Interesting Events


7.1 Events related with e-Accessibility.


INTEREST FOR EBU

-


BACKGROUND

Stemming from the Conference on e-Accessibility, some other events were shaped that were also very interesting for our group.

These events were:

- 25 April: The European Commission organized an Open Policy Stakeholders Meeting on European e-Inclusion Policy.

- 26 April: Conference on e-Inclusion in Europe, organized also by the European Commission, with the objective of giving an opportunity to parties concerned to express ideas and suggestions for the preparation of the e-Inclusion initiative to be launched in 2008 in the framework of the i2010 Strategy. There were two sessions of interest for us, one devoted to e-Accessibility and the other to e-Government. The other sessions focused on elderly people, cultural diversity and on other subjects. It is worth mentioning that the Commission gave an opportunity to anyone interested to briefly intervene to indicate what challenge or subject should be dealt with, what actions should be taken and at what level, and what was their own contribution for 2008 and beyond. Contributions had to be presented in Power Point format, with a maximum of 3 pages, before 17 April.

- 11-12 June: ICT for an Inclusive Society Conference, organized by the European Commission and the Austrian Presidency, with representatives from the civil society, the industry, the public sector, etc. The objective of this conference was to set the policy agenda for the coming years, identify how best to implement this agenda, commit, and involve all stakeholders from the beginning and share examples of best practice. The conference included an informal meeting of Ministers from Member States to adopt a declaration providing political guidance for future action.


ACTIONS TO BE CARRIED OUT

-


DEADLINE

-


OBSERVATIONS/STATUS

Completed

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8. Participation in consultation processes



8.1 Public consultation on the active inclusion of people furthest from the labour market


INTEREST FOR EBU

It was interesting to reflect the situation of blind or partially sighted people in relation with their access to the labour market.


BACKGROUND

The European Commission published on 8 February a communication on active inclusion in the labour market. The communication evaluated the actions and developments reached at European and national level, as well as the outstanding challenges in the area. Furthermore, it launched a public consultation on the subject.

This communication had two goals:

- Firstly, to review the progress achieved in the context of an enlarged Union towards the aim of fostering labour market access for those who are excluded
- Secondly, based on this review, to launch a public consultation on possible guidelines for action at EU level, with a view to promoting the active inclusion of people furthest from the labour market.

The consultation launched by the communication was addressed to public authorities at all levels, as well as civil society organizations that cater for the interest of people at risk of exclusion and/or are providing supplementary services to such people.

In order to map out possible directions for future action at European level in support of national policies to promote more effective integration of people excluded from the labour market, the Commission invited social partners, public authorities and other civil society stakeholders to give their opinion on the following issues:

(1) Given the challenge for Member States to address social inclusion and in particular the integration of people furthest from the labour market, is there a need for further action at EU level, and if there is, what are the most useful ways by which the EU could complement and support the action at national level?

(2) How should the Union build on the common ground agreed in the 1992 Recommendation to promote the rights and access to services needed for the integration of excluded people, taking into account the relevant policy innovations?

(3) Is there any justification for action at EU level, based on Article 137(1) (h)? In such a context, could the aspects concerning activation and access to the labour market be the subject of negotiation between the social partners?


ACTIONS TO BE CARRIED OUT

The EBU prepared a response to this consultation.


DEADLINE

The answering deadline for this public consultation finalized on 19 April 2006


OBSERVATIONS/STATUS

Completed

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8.2 Public consultation on Maritime Transport


INTEREST FOR EBU

It was important to guarantee the rights of blind people in this type of transport.


BACKGROUND

The present consultation was part of the follow-up to the Commission's communication, presented in February 2005, on strengthening passenger rights within the European Union. In effect, on that same date a specific Regulation on the rights of air passengers was also presented, and the Commission announced in its Communication that it intended to consider whether the protection already enjoyed by air passengers should be extended to other transport users.

It is worth mentioning that the Directive 2003/24 on safety of passengers engaged in transport by ship includes a series of provisions related to people with disabilities and reduced mobility. At the same time, the Commission has initiated an independent study to analyze and evaluate the level of protection of the rights of sea passengers that should be finalized by the end of 2006.

Through this consultation the Commission intended to examine the current situation as regards the protection of passenger rights in the maritime transport sector, with particular emphasis on the rights of persons with reduced mobility, in the framework of the journey itself as well as protection of users in relation with denied boarding, delays or cancellations, etc.

The Commission wanted in particular to gather views on the following specific points:

- Whether the broad lines of existing Community policy on the protection of users of other means of transport should be applied to maritime transport;
- What is the view on the current situation concerning the protection of the rights of passengers carried by sea and information provided to them;
- Opinions and suggestions on how best to make any improvements that might be needed, and what general and legal means should be used to make them.

Regarding people with disabilities, the Commission wanted to examine the following aspects through the consultation:

- Accessibility of ports and maritime transport means;
- Discrimination on the grounds of disability in areas such as denied permission to board, cancellations, etc.;
- The right to receive all necessary information and assistance at no extra cost;
- Being able to rely on a standard legal framework which ensures equal protection of rights throughout Europe.

In order to facilitate contributions, the Commission divided the questionnaire in the following five chapters with a series of specific questions (the third chapter was the one that dealt specifically with people with disabilities):

1. Need for regulation
2. Automatic and immediate measures if a journey is interrupted
3. Passengers with reduced mobility
4. Complaints and means of redress
5. Other issues, such as quality of service.


ACTIONS TO BE CARRIED OUT

The EBU prepared a response to this consultation.


DEADLINE

The answering deadline for this public consultation finalized on 30 April 2006


OBSERVATIONS/STATUS

Completed
 

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8.3 White Paper on Communication from the European Commission


INTEREST FOR EBU

It was interesting to reflect the importance of accessibility to information and communication for people with visual disabilities.


BACKGROUND

The European Commission published on 1 February its White Paper on the European Communication Policy. This communication shows up the need for a better interaction between EU Institutions and the citizens. Faced with this challenge, the Commission explains how it can be overcome through a series of proposals and by inviting all interested parties, including public administrations at all levels, individuals and organizations to express their views on the subject. This note presents the general objectives of the Commission, as well as the areas and questions of the consultation and how to participate.

The final objective of the Commission is to improve communication between Europe and its citizens, to promote their knowledge on European policies and their impact on the citizens' real life and rights, as well as to improve citizen participation in the decision-taking process. The Commission wishes this improvement in communication to be a two-way street, involving therefore all key players, that is, EU Institutions and bodies, national, regional and local authorities, European political parties and social organizations.

In its White Paper, the Commission identifies five key areas for the improvement of communication between citizens and EU Institutions. In relation with each of these aspects, the White Paper offers a series of possible actions on which comments and opinions are requested.

1. Defining common principles
2. Empowering citizens
3. Working with the media and new technologies
4. Understanding European Public Opinion
5. Partnership approach involving all key actors


ACTIONS TO BE CARRIED OUT

The EBU is preparing a response to this consultation.
 

DEADLINE

The answering deadline for this public consultation will be 31 July 2006


OBSERVATIONS/STATUS

Under study

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8.4 Disability equality training guidelines for all airport and airline personnel dealing directly with the travelling public (EDF consultation)


INTEREST FOR EBU

-


BACKGROUND

In order to facilitate assistance to people with disabilities when travelling by air, EDF has prepared a document that aims at orienting all airport personnel.


ACTIONS TO BE CARRIED OUT

Follow-up on actions stemming from this consultation process.


DEADLINE

It finalized on 5 June 2006


OBSERVATIONS/STATUS

Completed

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8.5 Public consultation on the active inclusion of the people furthest from the labour market


INTEREST FOR EBU

-


BACKGROUND

DG Employment, Social Affairs and Equal Opportunities of the European Commission launched an online survey on 22 May with a view to improve the understanding of the needs of different social groups and adapt their services accordingly. Its objective is the communication and information among the various parties involved in these policies and above all the development of the Open Method of Coordination in the area of inclusion and social protection. The questionnaire sets topics related with the Commission's webpage, events and publications.


ACTIONS TO BE CARRIED OUT

-


DEADLINE

-


OBSERVATIONS/STATUS

In progress

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