Explanatory Memorandum to COM(2012)721 - Accessibility of public sector bodies' websites - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)721 - Accessibility of public sector bodies' websites. |
|---|---|
| source | COM(2012)721  |
| date | 03-12-2012 |
This explanatory memorandum presents in further detail the proposal for a new Directive aiming at the approximation of the laws, regulations and administrative provisions of the Member States on the accessibility of websites from public sector bodies.
The Directive supports Member States to achieve their national commitments regarding web-accessibility as well as their commitment to the United Nations Convention on the Rights of Persons with Disabilities regarding websites of public sector bodies.
Web-accessibility refers to principles and techniques to be obeserved when constructing websites, in order to render the content of these websites accessible to all users, in particular those with disabilities i.
In 2009, the website-developer market consisted of some 175.000 enterprises in the 27 EU Member States. It employed some 1 million people and the generated turnover was € 144 billion i.
The European market for web-accessibility related products and services is estimated at € 2 billion. It could grow significantly, as less than 10% of websites are accessible. The number of citizens with functional limitations or disabilities (15% of the EU working age population or 80 million people) may increase significantly as the Union population ages.
Web-accessibility is of great importance for public sector bodies, to extend their reach and to fulfil their public responsibilities. The number of websites providing e-government services (about 380.500 in EU) and public sector websites (over 761.000 in EU) grow rapidly. Most Member States have already either enacted legislation, or taken other measures on web-accessibility. However, significant differences exist between these laws and measures.
The non-harmonised national approaches to web-accessibility create barriers in the Internal Market. Suppliers that operate cross border face additional production costs. Competition, competitiveness and economic growth are hampered because enterprises, SMEs in particular, lack the knowledge and capacity to cope with all the specifications and procedures.
National authorities and business actors face uncertainties concerning the selection of 'web-accessibility’ specifications for potential cross-border services, and concerning the most appropriate policy framework for web-accessibility.
Harmonisation of national measures for the public sector at EU level is being proposed as a necessary condition to put an end to this fragmentation and lack of confidence in the web-accessibility market.
This Directive addresses public sector bodies' websites, because they provide information and services that are essential for citizens, and public expenditure in itself can create already a secure and sizable market for web-developers.
The compliance costs for administrations have been assessed. The analysis concluded that benefits outweigh these costs.
As web-developers are encouraged to achieve economies of scale, this measure will contribute to create a cascade of spill-overs, beginning with all other public sector websites.
Harmonisation will lead to better market conditions, more jobs, cheaper web-accessibility and more accessible websites: a triple win for governments, businesses, and citizens.
Stakeholders world-wide currently widely use techniques based on the Success Criteria and Requirements for Conformance Level AA of version 2.0 of the Web Content Accessibility Guidelines (WCAG 2.0) issued by the World Wide Web Consortium (W3C) i.
A European standard that includes web accessibility in line with WCAG 2.0 (including its use at level AA and associated compliance assessment methods) is under development within the Commission mandate M/376 to the European Standardisation Organisations CEN, CENELEC and ETSI. A harmonised standard to provide presumption of conformity with the web-accessibility requirements laid down in this Directive should be built upon the outcome of this work.
The international standard ISO/IEC 40500:2012 i, on web accessibility was adopted by the International Standardisation Organisation and the International Electrotechnical Commission (IEC). ISO/IEC 40500:2012 is exactly the same as the original WCAG 2.0.
Many political initiatives at European level relate to web-accessibility: the European Disability Strategy 2010-2020 (ICT accessibility); the eGovernment Action Plan 2011-2015 (inclusive and accessible eGovernment services); the ‘Digital Agenda for Europe’ (Commission proposes to ensure fully-accessible public sector websites by 2015), EU funding programmes (FP7, CIP) support of R&D on technological web-accessibility solutions. Web-accessibility will also be stimulated by the revision of the Public Procurement Directives.
Article 9 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) i obliges Member States and the EU to take appropriate measures to ensure access for persons with disabilities, on equal basis with others, to inter alia information and communication technologies, including the Internet. This Directive would ensure the effective use of the harmonised standard for web-accessibility that should be built upon the outcome of Commission mandate M/376 i.
The coverage of the proposal below is limited to website-based online services provided by public sector bodies.
The proposal is in synergy with the European Accessibility Act i (EAA), which is currently in preparation and addresses accessibility of goods and services including ICT. This EAA, subject to the outcome of the ongoing Impact Assesment, by focusing on the private sector, will facilitate the realisation of the full web-accessibility commitment of the Digital Agenda for Europe, by ensuring also the accessibility of private-sector websites from providers of basic services to citizens. These websites offer information and interaction, e.g. for contracting, booking, billing and payment, and for obtaining support.
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- 1.1. Objectives and context of the Proposal
- 1.2. Technical background
- 1.3. Policy background
- 1.4. Consistency with other policies and objectives of the Union
- 2.1. Consultations with the interested parties
- 2.2. Impact assessment
- 3.1. Legal basis
- 3.2. Subsidiarity Principle
- 3.3. Proportionality Principle
- 3.4. Proposal
Numerous public consultations and studies were carried out to identify problems and needs, addressing Member States, industry and civil-society:
– Benchmarking Study 2010-2011 “Monitoring eAccessibility”[8].
– Study on “Economic Assessment for Improving e-Accessibility Services and Products”[9]. Workshops on web-accessibility (2008).[10]
– Public consultation via the Commission’s interactive Internet platform “Your voice” (2008) i.
– Survey on “Web-accessibility in European countries”.[12]
– Benchmarking Study “Measuring Progress of eAccessibility in Europe” (2006 – 2008)[13].
– Member State expert groups on ‘e-inclusion’ and ‘Inclusive Communications’[14].
– Direct consultations and meetings with representatives of major civil society organisations such as the European Disability Forum and the European Blind Union, AGE and ANEC, and with software industries and a European industry association[15].
An Impact Assessment Steering Group, led by the Directorate General for the Information Society and Media, was established with a wide representation of services and departments of the Commission. These included the Legal Service, the Secretariat-General, and the DGs Communication; Economic and Financial Affairs; Employment, Social Affairs and Inclusion; Enterprise and Industry; Eurostat; Health and Consumers; Informatics; Internal Market and Services; and Justice. The Steering Group had the task to analyse and discuss the different issues and perspectives relevant to this proposal.
The final version of the Impact Assessment incorporates the responses to the Impact Assessment Board's recommendations.
Article 114 i of the Treaty on the Functioning of the European Union (TFEU).
The subsidiarity principle applies insofar as the issues addressed by this proposal do not fall under the exclusive competence of the EU.
The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason(s):
It entails transnational aspects that cannot be dealt with by individual Member States actions. Actions at national level are not enough for the approximation of national measures and a coordinated implementation of a harmonized approach, as is confirmed by the studies and consultations;
National differences in approach put burdens and barriers on companies that seek to interact across borders. This limits the scope for a mature public market for web-accessibility products and services and may place mobility constraints on those citizens that use assistive technologies.
A more efficient use of resources would be achieved by using harmonised requirements, and by participating in a cooperation scheme for the sharing of good practices, know how and responses to technological developments.
The proportionality principle is guarded by limiting the proposal to a minimum list of (types of) websites, giving Member States the option of extending this list.
Furthermore, significant implementation parameters, such as the choice of the authority to be responsible for verifying compliance, are left to the discretion of Member States.
Article 1 - Subject matter and scope
The Directive aims at approximating the laws, regulations and administrative provisions of the Member States on the accessibility of public sector bodies' websites, by defining harmonised requirements.
The proposal lays down the technical provisions whereby Member States shall make accessible the content of certain types of websites of public sector bodies (hereafter ‘websites concerned’). The listed types of websites comprise information and services provided by public sector bodies, that are essential for citizens' participation in economy and society, and enjoyment by EU citizens of their rights. The list is provided in the Annex and is drawn from the 2001 E-government benchmarking exercise[16].
Member States may decide to extend this list of types of websites.
Article 2 – Definitions
In the Directive terms related to websites, standards and public entities are clarified. The terminology related to web content and user interface is similar to that of W3C in the context of their Web Accessibility Initiative and in line with the draft standard from Mandate 376.
Article 3 – Requirements for web-accessibility
The requirements for web-accessibility are defined along two dimensions:
– User orientation.
– Market orientation and interoperability.
Considering that requirements may change due to more disruptive technological and social evolutions, the Commission shall be empowered to adopt delegated acts to specify further, where appropriate, the harmonised requirements necessary to ensure the accessibility of the websites concerned.
In order to achieve promptly current political commitments, the above provisions are to be implemented by 31 December 2015.
Article 4 – Harmonised standards and presumption of conformity
This Directive is in line with Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European Standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Decision 87/95/EEC and Decision No 1673/2006/EC which sets legal basis for the Commission to request European standardisation organisations to develop harmonised standards to assist stakeholders in providing presumption of conformity. The reference to these standards would be published in the Official Journal of the European Union, indicating, as appropriate, the options that need to be observed when applying such standards.
The Directive indicates in a recital that the Success Criteria and Requirements for Level AA conformance specified in the version 2.0 of the Web Content Accessibility Guidelines (WCAG 2.0) issued by World Wide Web Consortium (W3C), are expected to be taken into account in the European standard resulting from Mandate 376 and subsequently in the harmonised standard that should be built upon the outcome of this work. These technology neutral specifications provide the basis for the requirements for web-accessibility.
Article 5 – European and international standards and presumption of conformity
In the absence of harmonised standards, the Directive provides a solution for presumption of conformity with the web-accessibility requirements to the websites concerned which meet European standards or parts thereof that have been determined by the Commission by delegated acts. Mandate 376 is preparing a European Standard that includes web-accessibility..
In the absence of such European standard, the Directive also provides a solution for presumption of conformity with the web-accessibility requirements to the websites concerned which meet the parts of the ISO/IEC 40500:2012 covering the Success Criteria and Conformance Requirements for Level AA conformance.
Article 6 – Additional measures
Additional measures are requested to contribute to awareness-raising, the establishment of cooperation arrangements and market growth.
Member States are called upon to facilitate the extension of web-accessibility to public sector websites other than those concerned, as this will accelerate market growth and the achievement of web-accessibility for EU citizens.
Article 7 – Reporting
The accessibility of a website should be continuously monitored, in the light of regular updates of web content. Member States are requested to monitor the public sector bodies' websites concerned, using the methodology established by Commission in accordance with the procedure laid down in the Directive. The methodology will use procedures and technical assessment approaches from the harmonised standard, if available and adequate, and will be published in the Official Journal of the European Union.
Member States would be free to arrange a suitable mechanism for these verifications, in assigning the responsible authorities.
Member States shall annually report on the results of such monitoring. Reports should also include the possible extension of the list of types of websites concerned, as well as any additional measures pursuant Article 6 that have been taken.
The arrangements for Member States to report to the Commission shall be determined in accordance with the procedure indicated in this Directive.
Article 8 – Exercise of delegation
The Directive contains the provisions for the exercise of delegated acts in line with Article 290 of the TFEU, which allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. Such a procedure would be used in order to specify further the requirements for web-accessibility laid down in the Directive as indicated in Article 3 and to determine the European standard or parts thereof which provide presumption of conformity with the web-accessibility requirements for the websites concerned that meet them.
Article 9 – Committee
The Commission shall be assisted by a committee as described in Regulation (EU) No 182/2011. References are made to the procedures, advisory or examination, that are distinctively applied under the articles of this Directive.
Article 10 – Transposition
The Directive sets out the date of entry into force of the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2014 at the latest.
Article 11 – Review
A review shall be carried out of the application of this directive within three years from its entry into force.
No budgetary implications for the budget of the Union.