Definitions

For the purposes of this Directive, the following definitions apply:

‘persons with disabilities’ means persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;

‘product’ means a substance, preparation, or good produced through a manufacturing process, other than food, feed, living plants and animals, products of human origin and products of plants and animals relating directly to their future reproduction;

‘service’ means a service as defined in point 1 of Article 4 of Directive 2006/123/EC of the European Parliament and of the Council ( 27 ) ;

‘service provider’ means any natural or legal person who provides a service on the Union market or makes offers to provide such a service to consumers in the Union;

‘audiovisual media services’ means services as defined in point (a) of Article 1(1) of Directive 2010/13/EU;

‘services providing access to audiovisual media services’ means services transmitted by electronic communications networks which are used to identify, select, receive information on, and view audiovisual media services and any provided features, such as subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation, which result from the implementation of measures to make services accessible as referred to in Article 7 of Directive 2010/13/EU; and includes electronic programme guides (EPGs);

‘consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services’ means any equipment the main purpose of which is to provide access to audiovisual media services;

‘electronic communications service’ means electronic communications service as defined in point 4 of Article 2 of Directive (EU) 2018/1972;

‘total conversation service’ means total conversation service as defined in point 35 of Article 2 of Directive (EU) 2018/1972;

‘public safety answering point’ or ‘PSAP’ means public safety answering point or PSAP as defined in point 36 of Article 2 of Directive (EU) 2018/1972;

‘most appropriate PSAP’ means most appropriate PSAP as defined in point 37 of Article 2 of Directive (EU) 2018/1972;

‘emergency communication’ means emergency communication as defined in point 38 of Article 2 of Directive (EU) 2018/1972;

‘emergency service’ means emergency service as defined in point 39 of Article 2 of Directive (EU) 2018/1972;

‘real time text’ means a form of text conversation in point to point situations or in multipoint conferencing where the text being entered is sent in such a way that the communication is perceived by the user as being continuous on a character-by-character basis;

‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

‘placing on the market’ means the first making available of a product on the Union market;

‘manufacturer’ means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under its name or trademark;

‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks;

‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market;

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor or the service provider;

‘consumer’ means any natural person who purchases the relevant product or is a recipient of the relevant service for purposes which are outside his trade, business, craft or profession;

‘microenterprise’ means an enterprise which employs fewer than 10 persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million;

‘small and medium-sized enterprises’ or ‘SMEs’ means enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, or an annual balance sheet total not exceeding EUR 43 million, but excludes microenterprises;

‘harmonised standard’ means a harmonised standard as defined in point 1(c) of Article 2 of Regulation (EU) No 1025/2012;

‘technical specification’ means a technical specification as defined in point 4 of Article 2 of Regulation (EU) No 1025/2012 that provides a means to comply with the accessibility requirements applicable to a product or service;

‘withdrawal’ means any measure aimed at preventing a product in the supply chain from being made available on the market;

‘consumer banking services’ means the provision to consumers of the following banking and financial services:

credit agreements covered by Directive 2008/48/EC of the European Parliament and of the Council ( 28 ) or Directive 2014/17/EU of the European Parliament and of the Council ( 29 ) ;

services as defined in points 1, 2, 4 and 5 in Section A and points 1, 2, 4 and 5 in Section B of Annex I to Directive 2014/65/EU of the European Parliament and of the Council ( 30 ) ;

payment services as defined in point 3 of Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council ( 31 ) ;

services linked to the payment account as defined in point 6 of Article 2 of Directive 2014/92/EU of the European Parliament and of the Council ( 32 ) ; and

electronic money as defined in point 2 of Article 2 of Directive 2009/110/EC of the European Parliament and of the Council ( 33 ) ;

‘payment terminal’ means a device the main purpose of which is to allow payments to be made by using payment instruments as defined in point 14 of Article 4 of Directive (EU) 2015/2366 at a physical point of sale but not in a virtual environment;

‘e-commerce services’ means services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract;

‘air passenger transport services’ means commercial passenger air services, as defined in point (l) of Article 2 of Regulation (EC) No 1107/2006, on departure from, on transit through, or on arrival at an airport, when the airport is situated in the territory of a Member State, including flights departing from an airport situated in a third country to an airport situated in the territory of a Member State where the services are operated by Union air carriers;

‘bus passenger transport services’ means services covered by Article 2(1) and (2) of Regulation (EU) No 181/2011;

‘rail passenger transport services’ means all rail passenger services as referred to in Article 2(1) of Regulation (EC) No 1371/2007, with the exception of services referred to in Article 2(2) thereof;

‘waterborne passenger transport services’ means passenger services covered by Article 2(1) of Regulation (EU) No 1177/2010, with the exception of services referred to in Article 2(2) of that Regulation;

‘urban and suburban transport services’ means urban and suburban services as defined in point 6 of Article 3 of Directive 2012/34/EU of the European Parliament and of the Council ( 34 ) ; but for the purposes of this Directive, it includes only the following modes of transport: rail, bus and coach, metro, tram and trolley bus;

‘regional transport services’ means regional services as defined in point 7 of Article 3 of Directive 2012/34/EU; but for the purposes of this Directive, it includes only the following modes of transport: rail, bus and coach, metro, tram and trolley bus;

‘assistive technology’ means any item, piece of equipment, service or product system including software that is used to increase, maintain, substitute or improve functional capabilities of persons with disabilities or for, alleviation and compensation of impairments, activity limitations or participation restrictions;

‘operating system’ means software, which, inter alia, handles the interface to peripheral hardware, schedules tasks, allocates storage, and presents a default interface to the user when no application program is running including a graphical user interface, regardless of whether such software is an integral part of consumer general purpose computer hardware, or constitutes free-standing software intended to be run on consumer general purpose computer hardware, but excluding an operating system loader, basic input/output system, or other firmware required at boot time or when installing the operating system;

‘consumer general purpose computer hardware system’ means the combination of hardware which forms a complete computer, characterised by its multipurpose nature, its ability to perform, with the appropriate software, most common computing tasks requested by consumers and intended to be operated by consumers, including personal computers, in particular desktops, notebooks, smartphones and tablets;

‘interactive computing capability’ means functionality supporting human-device interaction allowing for processing and transmission of data, voice or video or any combination thereof;

‘e-book and dedicated software’ means a service, consisting of the provision of digital files that convey an electronic version of a book, that can be accessed, navigated, read and used and the software including mobile device-based services including mobile applications dedicated to the accessing, navigation, reading and use of those digital files, and it excludes software covered under the definition in point (42);

‘e-reader’ means dedicated equipment, including both hardware and software, used to access, navigate, read and use e-book files;

‘electronic tickets’ means any system in which an entitlement to travel, in the form of single or multiple travel tickets, travel subscriptions or travel credit, is stored electronically on a physical transport pass or other device, instead of being printed on a paper ticket;

‘electronic ticketing services’ means any system in which passenger transport tickets are purchased including online using a device with interactive computing capability, and delivered to the purchaser in electronic form, to enable them to be printed in paper form or displayed using a mobile device with interactive computing capability when travelling.

CHAPTER II

Accessibility requirements and free movement

DIRECTIVE (EU) 2019/882 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 on the accessibility requirements for products and services ANNEX I ANNEX II ANNEX III ANNEX IV ANNEX V ANNEX VI