Implementation of the Accessibility Directive
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
S considers the implementation necessary for a democratic society 1 and believes that the government should promptly investigate the need for changes in the media laws 1. SD welcomes the law to reduce digital exclusion 2. M motions for approval to remove obstacles in the EU's internal market 3 and argues that the directive promotes inclusion 3. V emphasizes that deficiencies in society lead to exclusion 4 and considers that the proposals prioritize corporate benefit over rights 4. KD wants to tear down walls for full participation 5. C and MP want to remove the word "certain" from the law's name 6 7 and demand an investigation into norm conflicts 6 7. MP also wants to introduce missing articles and explicit requirements for emergency communication 7. MP argues that the investigation's interpretation risks a waste of resources 7.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Karin Sundin (S)
Mr. Speaker! For me as a Social Democrat, the defense of Sweden's democratic society is the very core mission for the Riksdag and for us as members of parliament. I must admit that it did not feel like an entirely simple task when the government's bill on the implementation of the accessibility directive landed with a heavy thud on my desk. These are technically and legally complex issues we have to take a stand on, but at the same time, it is about the core issues of democracy. In a democratic society, all citizens must, as far as is possible, be able to participate fully in all parts of society.
Therefore, one of the most important questions in a democratic society is how we design society so that it provides space for persons with different forms of disabilities. This applies, of course, to issues concerning accessibility in the physical environment – that one can get around with a wheelchair or a cane – but also to accessibility in terms of information, communication, IT systems, and technical products and services.
Implementation of the Accessibility Directive
The implementation of the accessibility directive is about people with disabilities being able to participate in society in the same way in Sweden and throughout the EU with the help of products and services that most of us use daily but do not think much about. It is about payment terminals, ATMs and self-service machines of various kinds. It is also about reading tablets, electronic communication services, audiovisual media services, banking services, e-books and e-commerce services.
For us, and for all EU member states, the directive is an important tool for universal design, so that products, services and environments shall function for as large a part of the population as possible without requiring special adaptation for each one. It is of course also an important tool for us to live up to the UN Convention on the Rights of Persons with Disabilities.
This is good for everyone, regardless of whether one has a specific disability or not. Our abilities and functions can vary over time, with age and between different situations. I do not know what difficulties I as an individual might face tomorrow.
The products and services covered by the accessibility directive may only be released on the market after June 2025 if they meet new common accessibility requirements. With this legislation, we are placing a very large responsibility on the economic operators, that is, on the manufacturers, importers, and distributors. They will bear the responsibility for ensuring that products covered by the accessibility directive meet the accessibility requirements, and for that, the conditions must, of course, be clear and equivalent for all actors.
So far, this issue may seem simple. What complicates the issue is that there are parts of the proposal - the parts concerning e-books and audiovisual media services - that fall under the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. We can observe that technological development has challenged us as legislators in the past and will likely do so in the future as well.
Since our constitutional laws always trump other legislation, our right to publish ourselves will remain. However, there is a risk that norm conflicts will arise with this proposal. The proposal on the table has already in advance created discussion on how the law should be applied in all parts.
The Council on Legislation has, like various referral bodies, noted this in its review of the bill. It is not good, Mr. Speaker. The Government itself notes this in its proposal and argues that there may be reason to investigate the need for changes in the media laws in certain respects. The Committee on the Constitution has also noted in its report on this proposal that there is a risk of norm conflicts.
In the report that is now on the table, there is a clear joint message from both the Committee on Social Affairs and the Committee on the Constitution that the committees assume that the government will promptly investigate the need for changes in the media laws. A question we then have reason to ask ourselves is whether we should wait for such an investigation before we make a decision on the accessibility directive. To amend a constitution, however, as we know, requires two decisions in the Riksdag, and there must be an election in between. Should we wait for such an investigation, Sweden would fall much further behind in the accessibility work.
In the trade-offs that need to be made to create a society that is as democratic and thus as accessible as possible, we Social Democrats believe that it is necessary to proceed with the implementation of the accessibility directive based on the proposal that is on the table today. It is also necessary that the government maintains the issue of the conditions for the application of the laws and promptly investigates the need for changes in the media laws.
In other words, we will have to return to this issue here in the chamber. With that said, Mr. Speaker, I nevertheless move for approval of the proposal in the Social Affairs Committee's report.
Carina Ståhl Herrstedt (SD)
Mr. Speaker! Today we are debating the implementation of the EU Accessibility Act. It is a very good proposal - I was as pleased as the previous speaker when it landed on my desk. We are making decisions on increased accessibility to certain products and services. This is a step forward, in the right direction, and it is a step that the Sverigedemokraterna fully stand behind.
For us Sverigedemokrater, it is important – and a self-evident matter – that all people should have the opportunity to access products and services on the market, but unfortunately, that is not the case today. Above all, many elderly and people with disabilities experience being excluded from certain parts of society today. Our hope is that these new requirements will make a difference and reduce, not least, the digital exclusion in order to achieve an equal and inclusive place for everyone. The proposal does not solve all problems, but it is, as said, a step in the right direction. Hopefully, in the near future, there will be further steps in precisely the same direction.
Today, the debate is about how the directive shall be implemented in Sweden through a new law on the accessibility of certain products and services. The Accessibility Directive applies to digital products and services that can be considered so central that it is important that as many as possible can access and use them independently.
The legislative changes affect accessibility regarding computers, smartphones, ATMs, ticket machines, and so on.
This facilitates, among other things, the use of e-books, makes it easier to shop online and to access certain digital and interactive information terminals, for example at airports, etc.
Mr. Speaker! In our view, this is an important step in the right direction. For those who today experience exclusion and difficulties when it comes to access to such funds, this is a great victory. Therefore, as a member of the Committee on Social Affairs, I am proud that the Chamber today makes decisions on reforms that will be significant for so many.
The purpose of the law is to remove and counteract obstacles to effective competition regarding the products and services that the law shall cover. But above all, it provides increased opportunities for equality in living conditions and full participation in social life.
The proposal means that different requirements will be set for different products and services. The goal is that products and services within both the public and private sectors shall be planned and manufactured so that persons with disabilities can use them to the greatest extent possible. Examples of requirements are that information shall be able to be perceived with more than one sense, for example hearing, sight, and touch.
Information should also be presented in an understandable way with a font in an appropriate size and shape to enable as many as possible to read it. The spacing between letters, lines, and paragraphs should also be able to be increased. I am never as frustrated as when I enlarge something on my tablet and it becomes a mess; the texts overlap and I cannot see where I am supposed to press next. Better readability will therefore facilitate a great deal.
This will make things easier for so many, and therefore we welcome the law, as we have said.
I view positively that the Committee on Social Affairs and the Swedish Parliament today are making important changes for all those who need extra support. Since I became a Member of Parliament for the Sverigedemokraterna, I have tried to be as strong a voice as possible for just this.
We are now showing that with relatively small means we can facilitate an independent life and increased participation in society for so many people, in particular for the elderly and persons with disabilities. But it also facilitates things for all of us. When something becomes simpler and clearer, we all benefit from it.
It is welcome that accessibility to digital services is taking a big step forward. It is important that we can all use digital services and the opportunities that digitalization offers.
Mr. Speaker! The main purpose of the implementation of the directive is that it shall lead to increased accessibility with effects such as digital inclusion and a reduced risk of segregation and discrimination as a result.
The Sweden Democrats, however, see a small risk that these effects will not materialize if the end products become more expensive for the user, which could result in people refraining from using them. We therefore see a certain danger that the cost for the user will ultimately become higher.
Therefore, we believe that a proper follow-up should be conducted regarding any consequences of the bill for the users of the services as well as the industries and companies affected, so that we ensure that the purpose and objective of the directive are fulfilled.
Therefore, I move for approval of reservation 12, where we highlight exactly this.
Mr. Speaker! It is an important and decisive decision the Chamber is making today, and I am sure that the decisions will affect much for many people. Participation, equality and everyone's equal rights shall be protected in the welfare state Sweden.
Malin Höglund (M)
Mr. Speaker! We are debating the Committee on Social Affairs' report 10 on the implementation of the accessibility directive, and I move for the approval of the committee's proposal.
With and by this Act, an EU directive on accessibility requirements for products and services is implemented. This means that certain products and services shall fulfill certain requirements on accessibility. Briefly, it concerns audiovisual and media services, reading devices, and self-service machines. The services covered are services provided to consumers. The Act aims to remove barriers in the EU's internal market by increasing the accessibility of products and services, primarily for persons with disabilities.
Mr. Speaker! The directive means that public authorities, organizations, and companies that provide digital services and products must ensure that these are accessible to persons with disabilities, such as visual or hearing impairments, motor disabilities, and cognitive disabilities. This includes websites, mobile applications, e-books, and software.
The directive also sets requirements that public authorities shall provide accessible documents and communication for persons with disabilities.
The Accessibility Directive is also part of the EU's overall goal to promote inclusion and equality for persons with disabilities.
Mr. Speaker! The Accessibility Directive contains several important parts, including one regarding SOS Alarm. It is a matter of course that persons with disabilities can reach SOS Alarm when they are in need of it.
The Government makes the assessment that the requirements in the accessibility directive regarding accessibility to emergency communication for persons with disabilities should be met within the framework of the contract negotiations between the state and SOS Alarm.
SOS Alarm shall be able to receive emergency communication from persons with disabilities via SMS to Sweden's emergency number 112. It shall also be possible to reach SOS Alarm via text telephony, and this service is available from fixed text telephones.
Mr. Speaker! With the help of BankID, one can today perform many services in a secure manner, services that would otherwise require one to be physically present in order to be able to identify oneself.
BankID constitutes an identification method that banks provide to their customers and which falls within the services covered by the directive. This means that the law sets accessibility requirements for BankID, but it is still the banks that approve which persons can receive BankID.
Everyone in society shall be able to complete their payments. This also applies to people who live in digital exclusion, those living in rural areas, people who have insufficient knowledge of the Swedish language, the elderly, and people with disabilities.
Mr. Speaker! According to SCB, 25 percent of the adult Swedish population has one or more disabilities, for example, visual or hearing impairments. For this group, the accessibility directive can lead to increased freedom and reduced digital exclusion.
Maj Karlsson (V)
Mr. Speaker! When we debate the accessibility directive today, it is important to do so within the framework of the UN Convention on the Rights of Persons with Disabilities and how Sweden complies with it. The accessibility of certain products and services is limited for persons with disabilities. Sweden therefore has much to work on in this area as well.
The Convention on the Rights of Persons with Disabilities belongs to the central conventions on human rights but does not in itself create any new ones. The purpose is instead to remove obstacles for persons with disabilities to enjoy those rights. The starting point is that it is deficiencies in society, not the individual's functionality, that lead to exclusion. Persons with disabilities are simply full-fledged rights holders.
Sweden has committed to implementing and promoting the development of universally designed products and services that require minimal adaptation and the lowest cost to meet the specific needs of persons with disabilities. Despite this, and despite Sweden ratifying the convention in 2008, the rights perspective has not gained traction to a sufficiently large extent. Knowledge of the convention and what obligations exist from the side of society remains low, and there is a lack of a long-term strategy to increase awareness of the rights.
Mr. Speaker! The Accessibility Directive shall lead to legislation that promotes full and effective participation in society on equal terms. By improving access to conventional products and services that, through their original design or adaptation, meet the specific needs of persons with disabilities, more people can take part in them. The goal must be that all products and services shall be accessible to all people, regardless of functionality.
Vänsterpartiet considers, however, that a central problem with the proposals in the bill is that they prioritize parts concerning favoring companies over strengthening rights for persons with disabilities. It is far from the purpose of the directive and is highlighted by, for example, Funktionsrätt Sverige.
For Vänsterpartiet, the rights perspective is non-negotiable. The proposals in the bill deviate from the directive to an all-too high degree and to a greater extent than the laws other member states have designed. Not least, it is a matter that the annexes to the accessibility directive, which form the basis for the general accessibility requirements, need to be more clearly incorporated into Swedish legislation. It is also a matter of strengthening complaint structures for rights holders. Several heavy referral bodies agree in this criticism.
Mr. Speaker! Increased accessibility makes society better by giving more people the opportunity to participate on equal terms and live an independent life. Products and services should be universally designed so that they can be used by everyone to the greatest extent possible without the need for adaptation or special design. It is nothing less than a central issue of rights.
We in Vänsterpartiet stand behind all our motions, and I move for approval of reservation 7.
Dan Hovskär (KD)
Mr. Speaker! I would like to begin by moving to approve the committee's proposal in the report.
Accessibility to products and services must increase in the country. We need to tear down various walls that may be perceived to exist. With this new law, more products and services are made more accessible for more people in society. Many feel excluded today and have difficulty accessing information, for example the elderly and people with disabilities. It is this that forms the basis for this new law. These are very important issues, we Christian Democrats believe.
The Christian Democrats stand for a view of humanity based on the inviolable value of the human being and that all people are different. Based on their own conditions, everyone shall have the right to full participation in society and equal living conditions. Persons with disabilities shall be given better opportunities for jobs and studies. This provides quality of life, self-determination, and participation in society.
Mr. Speaker! That is why this new law on accessibility is important. Products and services shall be designed so that they are accessible to more people. Examples of products and services covered by the provisions of the law are computers, smartphones, card readers for payment, ATMs, as well as certain ticket vending machines, check-in machines, and interactive information screens at, for example, airports and train stations. More services covered include, among others, email, WhatsApp, banking services, e-books, and e-commerce services. The requirements for accessibility are extensive.
All people shall have the same rights and opportunities to access products and services in a simple and adapted manner. Many elderly people and persons with disabilities have experienced being excluded. The Christian Democrats' and the government's hope is that these new conditions will make a difference.
Mr. Speaker! Furthermore, services provided to consumers regarding electronic communication services, e-commerce services, banking services, e-books, etc. are covered. The Act contains provisions on CE marking, market surveillance and supervision. The Act aims to remove barriers in the internal market by increasing the accessibility of products and services, especially for persons with disabilities.
Websites, including associated web apps, and services for mobile devices, including mobile apps, shall be made available in a uniform and purposeful manner by being perceptible, operable, understandable and robust. If support services such as helpdesk, telephone exchanges and technical support are available, they shall, via available means of communication, provide information about the service's availability.
There shall be requirements on which characteristics, parts, and functions must be present so that persons with disabilities can access, perceive, handle, understand, and control the product. In addition to the general requirements, sector-specific requirements are set for the user interface and functional design of some products. These measures shall be taken so that the services are provided in such a way that persons with disabilities can use them to the greatest possible extent.
Mr. Speaker! As I said at the beginning of my speech: Now we are tearing down the walls! It is important that all people, based on their own conditions, have the right to full participation in society and equal living conditions. This applies in particular to the elderly and people with disabilities, and with this bill, accessibility in society will increase.
Christofer Bergenblock (C)
Mr. Speaker! I would like to begin by moving for approval of reservation 4, regarding the need for an investigation into a constitutional amendment, under point 3 in the report.
The UN Convention on the Rights of Persons with Disabilities states that all persons with disabilities have the right to live in society with equal opportunities as other persons and that the States Parties to the Convention shall take effective and appropriate measures to facilitate the full enjoyment of this right by persons with disabilities and for their full inclusion and participation in society. These are thoughtful and important words that Sweden has committed to fulfilling and which there is reason to reflect upon on a day like this. There is still much to be done in this area in Sweden.
Today we take another step on the way towards a more accessible and inclusive society as we handle Sweden's implementation of the accessibility directive. Actually, the directive should have been implemented already in 2022, but now it is 2023 and the legislation is intended to apply from and including 28 June 2025. Sometimes things take longer than they should. That is because they need to be good.
Mr. Speaker! At its core, the proposed legislation is good. It is about giving all people – regardless of age and functional variation – the opportunity to access products and services that many of us take for granted.
It concerns products such as computers and their operating systems, payment terminals, ATMs and ticket vending machines, equipment for audiovisual media services and the reading of e-books. It can concern services such as electronic tickets, travel information, banking services for consumers and e-commerce. The areas covered by the legislation are therefore relatively extensive. The directive was, however, more comprehensive, and there are things that should be developed, which we in Centerpartiet have submitted motions regarding. I will make a few points.
First of all, Mr. Speaker, I would like to highlight the name of the law, which has been limited to the law on the accessibility of certain products and services, which the Center Party considers to be too restrictive. It is certainly significantly better than the original proposal which only concerned digital products and services. But it would have been even better if the word "certain" were removed so that it clearly appeared that accessibility should apply to products and services generally in society and not just certain ones.
Secondly, I want to highlight the actual accessibility of certain digital services. What I am thinking of in particular is the access to digital signing via BankID. In the law, it is indeed highlighted that the user interface shall be accessible, but no requirements are set for the product as such to be accessible for those who are disabled. The problem is quite simply that the actual access to BankID is strongly limited for many groups today.
In the Social Affairs Committee's report, it is referred to that an investigation is already underway regarding digital authentication and that the accessibility aspect is an important part. Very well, but today we are dealing with the legislation that shall set the framework for access to services and products. They are therefore not in conflict with each other but should, on the contrary, be a self-evident matter to establish even in the legislation.
Thirdly, Mr. Speaker, the government should immediately appoint an inquiry into any potential needs for consequential changes in the Freedom of the Press Act and in the Fundamental Law on Freedom of Expression. There is a risk that the new law could end up in a norm conflict with the constitutional laws, which is also pointed out by a number of parties. It is highlighted in the original inquiry, it is highlighted by the Council on Legislation, it is highlighted by a number of referral bodies, it is highlighted by the Committee on the Constitution and - lo and behold - it is highlighted by the government itself in the bill. Nevertheless, the conclusion is that we shall wait and see. Better to be proactive than to be reactive. Therefore, the issue should be investigated now directly and not first when the problem has arisen, for we all know that the constitution always stands above other laws in a norm conflict.
Other issues that we in Centerpartiet believe should be addressed in the legislation concern instructions for use and safety regulations, where we believe that an explicit legal requirement is needed for these to also be accessible, and that emergency communication should also be covered by Swedish law just as the directive prescribes. That we in Sweden have an agreement with SOS Alarm does not guarantee the necessary robustness over time, which, on the other hand, law and regulation do.
Mr. Speaker! In Sweden, one should have the opportunity to be fully involved in society even if one is older or has a functional variation. The starting point for such participation must be that it is society that adapts to the individual and not the other way around. In many cases, this is a matter of course. When building a new school, the doors are made wide enough for a wheelchair, and ramps, elevators, and door openers are built. When building a new sidewalk, tactile guiding strips with guidance and warning fields are installed. When building a new house, one ensures that there are toilets and bedrooms on the ground floor and that the thresholds are easy to remove if needed. It should naturally be just as obvious to make banking services, e-books, and ticket machines accessible to everyone. It is an important step on the way toward an inclusive society.
Ulrika Westerlund (MP)
Mr. Speaker! Today we are debating Sweden's implementation of the EU Accessibility Directive. This has been one of the biggest issues for the Swedish disability rights movement for many years. Therefore, I intended to devote a large part of my speech to account for something that the largest affected organization and an authority have said in this context, both in referral statements to the investigation that formed the basis for the bill and as a comment to the bill.
Funktionsrätt Sverige is a cooperation organization for 49 disability rights associations which together represent approximately 400,000 members. Funktionsrätt Sverige is based on human rights, and they advocate for the members' disability rights, that is, the right to function in all parts of social life on equal terms. In the summary of its referral opinion to the commission, the organization writes, among other things: The Accessibility Directive, known as the European Accessibility Act, was adopted in 2019 by the EU and must be introduced into national law by June 2022 at the latest.
This did not happen in Sweden.
It is further written: The law covers requirements for accessibility for products and services with the aim of removing barriers in the internal market and to strengthen the conditions for persons who otherwise face functional impairments to enjoy their human rights. During the investigation, these aims were weighed against each other, and the interpretation landed on prioritizing what was considered to be about utility for the companies over the rights perspective. The report's side of the matter risks leading to resources being wasted on avoiding the implementation of accessibility requirements. It is far from the purpose of the directive.
The Agency for Participation also had views on the investigation's proposals and wrote: Accessibility requirements form the basis of the accessibility directive, which, among other things, aims to create products and services that do not hinder but rather improve for many more. Through Article 24 of the directive, the accessibility requirements imposed shall have a broader application by being able to be used where it needs to be clarified how accessibility obligations shall operate. This connection to other Union law is an important fundamental purpose of the directive, and Article 24 can be regarded as a key or gear for clarifying the application of the accessibility requirements in Annex 1 of the directive in relation to current accessibility obligations in EU legislation. According to the agency, clear and effective legal tools were needed to demonstrate the possibility of using the accessibility requirements in Annex 1 even for other goods and services than those defined in the directive. According to the agency, the investigation's assessment and proposals may pose a risk that the directive's purpose as expressed in Article 24 is not complied with when the directive is implemented in Sweden.
When the bill was submitted, it was clear that several of the problems raised by the referral bodies remained. I would like to mention some of them.
The first point concerns the name of the law. It should be changed in accordance with the directive. The word "certain" should be removed so that the name becomes the law on accessibility to products and services, otherwise we risk a limitation in scope and understanding of the content and complicate future legislation in other matters.
A title that corresponds to the directive is a prerequisite for a sustainable regulatory framework because provisions in annexes on accessibility requirements can be used in multiple contexts. The requirements provide conditions for competition, predictability, and coordination in the internal market and are linked to new directives and regulations.
This is a very technical product, as has been noted in previous speeches. Another problem that still remains is articles that are missing from the directive and which should be incorporated into Swedish legislation. This concerns Annexes I and V and several articles. There are articles 2, 3, 24 and 29 in the directive that should be incorporated into Swedish legislation, this because all changes and exceptions in Swedish legislation imply an increased risk of a fragmented regulatory framework, which is precisely what the accessibility directive intends to counteract. It hinders competition and inclusion for Swedish actors.
Some of the problems that this entails have also been pointed out in a dissenting opinion from Miljöpartiet, Vänsterpartiet, and Centerpartiet in the Committee on Transport, where it is stated, among other things, that there are several articles in the accessibility directive that lack a counterpart in the government's proposed new law, for example in the matter of the requirements for accessibility to emergency communication to the common European emergency number 112.
The Government refers in the bill to that the requirements in the directive on accessibility to emergency communication for persons with disabilities should be met within the framework of contract negotiations between the state and SOS Alarm. We do not consider this to be sufficient. This part of the directive should instead be included explicitly in Swedish legislation if the legislation is to be robust over time.
An investigation is also needed on whether a constitutional amendment is required for the directive to be considered fully implemented in Swedish law. The Council on Legislation has highlighted the need for an investigation on rule-making and constitutional issues that affect the conditions for implementation. I agree with the analysis that the uncertainties that exist regarding the incorporation of the accessibility directive and rule-making should be investigated immediately.
Implementation of the Accessibility Directive
I stand behind all our reservations but move for approval only of reservation 9.
The deliberation was hereby concluded.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.