Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee and the Committee of the Regions — eAccessibility  (COM(2005) 425 final)
Date: 2006-03-15
Institutions: European Economic and Social Committee
Subjects: Internet, access to information, facilities for people with disabilities, information society, information technology, telecommunications

C 110/26

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Official Journal of the European Union

9.5.2006

Opinion of the European Economic and Social Committee on the Communication from the
Commission to the Council, the European Parliament and the European Economic and Social
Committee and the Committee of the Regions — eAccessibility

(COM(2005) 425 final)

(2006/C 110/05)

On 13 September 2005 the Commission decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the abovementioned communi-
cation.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee's work on the subject, adopted its opinion on 23 February 2006. The rapporteur
was Mr Cabra de Luna.

At its 425th plenary session, held on 15-16 March 2006 (meeting of 15 March), the European Economic
and Social Committee adopted the following opinion by 142 votes to 2 with 3 abstentions.

1. Reasons

a European information society
i2010 Communication (1) published in June 2005.

as

set down in the

1.1
There is an urgent and pressing need to ensure the
market in accessible ICT goods and services pursues a path of
interoperability and compatibility both across the European
region as well as globally.

2.2
The main objective of the Communication is stated as
being to promote a more consistent approach to eAccessibility
initiatives in the Member States and by industry.

1.2
The ICT industry are beginning to wake-up to the
untapped market of disabled consumers as well as an ever
growing population of older consumers who could benefit
considerably from accessible features in the design and produc-
tion of goods and services in this sector.

2.3
This Communication details both the benefits provided
to disabled persons by new technology as well as the problems
and the new barriers being created in the development of such
technologies.

to ensure avoidance of

1.3
EU Member States are increasingly acting both together
and independently to address the digital divide and to promote
eInclusion and eAccessibility through both legislative and
voluntary measures. It is imperative that there is EU level coor-
dination on this matter to reverse existing market fragmenta-
tion,
further fragmentation in the
market and to avoid past mistakes whereby there was a lack of
accessibility in mainstream ICT and a mis-match between assis-
tive technologies and mainstream goods and services which
isolated many potential consumers from the market. Such
mistakes have had the additional negative effect
in wider
economic terms in particular by perpetuating the social exclu-
sion of many persons and inhibiting their access to the labour
market.

1.4
The European Commission communication on eAccessi-
bility presents the main priorities to consider and address in
order to avoid market fragmentation but rather to promote
greater convergence and economic growth in this sector.

2. Background to the eAccessibility Communication

The Communication expresses

2.4
the
existing fragmented market in accessible technologies and the
danger that a lack of harmonisation and interoperability in this
market will further accentuate the problems.

concern about

Three approaches are identified in the Communication

2.5
as a means to address the issue:

— the promotion of accessibility requirements

in public

procurement;

— accessibility certification;

— better use of existing legislation.

3. Disabled people and the information society

3.1
It is increasingly well understood that the advances in
information communication technology (ICT) must incorporate
the needs of all persons in society,
in particular those most
vulnerable to social exclusion, to address the problem of the
digital divide and an entrenched two-tier society.

2.1
The Commission Communication on eAccessibility is
intended to contribute to the principal strategic framework on

(1) COM(2005) 229 final.

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3.2
Access to information by disabled persons must be
recognised first and foremost as a rights issue. Disabled people,
who make up 10 % of the EU population, have the same rights
as non-disabled people to access to goods and services and this
includes ICT goods and services.

— There exist different text telephony systems operating in
Europe, none of which are compatible one with the other.
Deaf and hard of hearing persons are unable to communi-
cate in real-time across Europe and internationally using
existing telecommunications systems.

3.3
There are also important economic reasons for Govern-
ments and industry to seriously address this issue. By addres-
sing and finding solutions to the challenges faced by disabled
persons to accessing ICT it will be to the advantage and to the
benefit of all users in particular to the benefit of a growing
population of older persons, children and persons with
temporary disabilities.

— Digital television, an increasingly important technology for
interactive communication and public information, is less
accessible for disabled persons than is analogue television.
Digital television is a technology which relies heavily on
visual displays, visual commands and it
is extremely
complicated to use and could exclude a further 4.4 % of
television viewers because it is less accessible (3).

3.4
Disabled persons constitute a heterogeneous group of
people. At the same time it is fair to say that the main impair-
ment groups facing accessibility difficulties in ICT are: persons
with cognitive and learning disabilities, persons with sensory
disabilities
(deaf and hard of hearing, blind and visually
impaired persons, deafblind persons, persons with speech
disabilities) and persons with physical disabilities.

Disabled persons have benefited in many ways from
3.5
advances in ICT — both in the respect of mainstream technolo-
gies and in respect of assistive technologies; for example:

— the advantages of SMS texting for deaf persons, bearing in
mind that it still does not offer real-time communication;

— the availability of speech or magnification software for

blind and partially sighted computer users;

— and voice recognition systems.

However, at
3.6
created; for example:

the same time new barriers are being

— The development of new computer technology has dramati-
cally reduced blind peoples' ability to use personal compu-
ters — while 99 % of PCs could be used by blind users in
1990, only 1/3 are accessible today due, for instance, to the
increased use of visual commands over the years (2).

— The increased complexity of mobile phones and increased
use of visual display commands creates barriers for disabled
persons as well as for non-disabled consumers.

(2) Source: European Blind Union.

— The European Commission communication itself provides a
number of examples of challenges to be faced in respect of
interoperable ICT devices and systems.

4. The economic and business case for eAccessibility &

eInclusion

4.1
The Lisbon strategy emphasises the need to secure the
social and economic inclusion of all persons via employability.
However, if information communication technologies are not
designed in an accessible way disabled persons will be continu-
ally and increasingly excluded from the mainstream labour
market. Full and effective implementation of eAccessibility
principles and practices are essential to the economic inclusion
of disabled persons as well as the social inclusion of disabled
persons. Adherence to eAccessibility principles also means
adherence to environmental
(such as
addressing the incompatibility of electronic and noise interfer-
ence experienced by persons wearing hearing aids when using
the participation rate of
mobile telephones). On average,
disabled people in the EU workforce is under 35 %, compared
to 70 % for workers without disabilities. And the Commission
has estimated that around 2 to 3.5 million people with disabil-
ities could potentially be integrated in to the labour force if
positive measures are taken to properly address the barriers to
their inclusion (4). Economic inclusion of disabled persons will
benefit society and the economy of Europe at large — shifting
away the dependency of many disabled persons.

safety requirements

(3) Digital Television For All A report on usability and accessible design

for the UK's Digital Television Project by the Generics Groups.

(4) European Commission report ‘Active Labour Market Programmes

for People with Disabilities’ (2002).

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4.2 While a growing number in the ICT industry need to
realise the economic and business advantages to be made by
addressing the needs of disabled and older users in the design
of products and services, awareness of these advantages should
be promoted more actively and further across the industry.
There is a particular need to educate the industry personnel,
both at management
technicians and front-line staff,
about accessibility requirements and features in order to better
address the growing needs.

level,

4.3
Disabled persons make up 10-12 % of the European
population. Furthermore, Europe is facing important demo-
graphic change. Most significant will be the impact of an
ageing population in Europe. By 2050 34.5 % of Europe's
population will be over the age of 60 years old.

4.4
Disabled persons, persons with temporary disabilities
and older persons combined make up 30 % of the European
population (5). Furthermore accessible technology would benefit
the wider consumer population at large including children and
those unfamiliar with new technologies and wider socially
excluded groups. One example is real-time text communica-
tion, which has the potential for a market which extends much
more widely beyond the disability community.

4.5
Disabled persons and older persons are an untapped
market which industry needs to take better advantage of and to
market its goods to such consumers in a way it does not do at
present. A German study has revealed that 48 % of persons
over 50 years old consider that
their age group was not
adequately addressed by ICT products and services (6). Further-
more, a recent study undertaken by Microsoft identified that
50 % of the population aged over 59 years would benefit
considerably from accessibility features in ICT technologies.
Accessible and design-for-all technologies has led to job crea-
tion within the sector itself, in particular among SMEs which
have paved the way for innovations in accessible technologies
and advancement in new fields and professions.

society. The aims and objectives to promote eAccessibility
and eInclusion will be given much more prominent atten-
tion in the i2010 actions.

— The EESC recognises that there are many individuals and
families who are denied continual access to telephone
services because of their limited income. In addition, ICT
equipment and services (such as access to the internet) can
be prohibitively expensive for these people — including
disabled people and older people;
the EESC calls on
Member State Governments to provide economic support
to facilitate access to ICT goods and services by vulnerable
and socially excluded groups in society.

— The EESC is aware of, and very much welcomes, the work
in progress by the Inclusive Communications Committee
(INCOM) and TCAM (7) working groups on Disability
chaired by the European Commission. These respective
working groups have brought
the relevant
stakeholders to set down key priorities and areas for action
in respect to eAccessibility — access to both goods and
services.

together all

— The EESC recalls that the promotion of mainstream eAcces-
sibility and disabled people to goods and services has been
referred to and supported in a number of EESC Resolutions;
notably:

— The EESC opinion on the Proposal for a Council Deci-
sion on the European Year of People with Disabilities
2003 COM(2001) 271 final — 2001/0116 (CNS),
CES 1064/2001.

— The EESC opinion on the Communication from the
Commission to the Council, the European Parliament,
the Economic and Social Committee and the Committee
of the Regions on eEurope 2002: Accessibility of Public
Web Sites and their Content COM(2001) 529 final, CES
1546/2001.

5. General comments

— The EESC opinion on the Integration of Disabled People

in Society (CES 853/2002).

— The EESC welcomes the European Commission communi-
cation on eAccessibility which sets out important proposals
and commitments in the field of, public procurement, certi-
fication and legislation. This eAccessibility communication
provides an important reinforcement to the i2010 Commu-
nication on the European Information Society for Growth
and Employment.

— The EESC opinion on the Communication from the
Commission to the Council, the European Parliament,
the European Economic and Social Committee and the
Committee of the Regions — Equal opportunities for
people with disabilities: A European Action Plan
COM(2003) 650 final, CESE 311/2004.

— The EESC calls on the EU institutions to bring the actions
proposed in the eAccessibility communication to the very
centre of the European strategic framework on information

— The EESC opinion on the Proposal for a Regulation of
the European Parliament and of the Council concerning
the rights of persons with reduced mobility when travel-
ling by air (CESE 730/2005).

(5) OECD-ECMT Study ‘Improving Transport for People with Mobility

Disabilities’ 1999, dates before UE-15.
(6) Study reference www.seniorwatch.de.

(7) Telecommunications Conformity Assessment and Market Surveil-

lance Committee (TCAM).

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6. EESC general comments on the main proposals of the

Communication

6.1 Harmonised standards and interoperability

the concern of

The EESC shares

6.1.1
the European
Commission regarding the lack of harmonised solutions in the
field of eAccessibility. Given the global nature of
the ICT
industry it is essential to ensure against European fragmenta-
tion due to the existence and development of separate Member
State solutions. However,
in order to provide the greatest
possible economies of scale and the greatest choice to consu-
mers, it is also essential to avoid global fragmentation by the
introduction of unique regional requirements.

6.1.2
The EESC considers that the ICT industry is increas-
ingly becoming aware of the untapped market among disabled
and older consumers in Europe and internationally but this
awareness must be more strongly promoted and supported.

6.1.3
The EESC fully supports the development and imple-
mentation of European standards for accessibility which are
open, consensual and objective. These standards must also, at
the same time, recognise the global situation and complement
international standards. Lack of complementarity of European
and international standards will lead to confusion and frustra-
tion for both the disabled consumer and the industry.

6.1.4
There has to be active user involvement in the standar-
disation process and support must be made available to ensure
representative disability organisations can be represented in the
decision making processes on the drawing up of European
accessibility standards.

6.2.2
The revision of the EU Directives on Public Procure-
ments promote the opportunity to include accessibility as a
criteria in the public purchase of ICT equipment and services. It
is important to remember that public procurement makes up
16 % EU gross domestic product i.e. EUR 1 500 billion and, of
this, the ICT sector makes-up 6 % EU GDP. The European
public sector ICT average spending is 0.8 % of GDP which is
EUR 76 billion. With this level of investment it is essential that
public purchases ensure a long-term sustainable purchasing
policy whereby ALL members of society have access to the
goods and services being provided. Such a policy of eInclusion
is essential to the effective function of local economies and in
the promotion of the well-being and independence of members
of the community.

therefore,

The EESC,

6.2.3
fully supports the European
Commission proposal to go forward with the European Stan-
dardisation bodies to develop European accessibility require-
ments for public procurement of products and services in the
ICT domain. However, it is essential that any such requirements
are balanced between user needs,
industry requirements and
that they are usable by public authorities and do not lead to
fragmentation within the European and, as much as possible,
the global market.

6.2.4
Furthermore, in the case of future revisions of the EU
public procurement Directives (8), the EESC would welcome a
strengthening of the provisions to the Directive to include
mandatory requirements on accessibility in public purchasing.

6.3 Certification and third party testing versus self-declaration

6.1.5
The EESC considers that the European Standardisation
Organisations should be required to consider eAccessibility
issues in the development of all standards.

6.3.1
There is a need for the ICT industry to more clearly
communicate to the consumer the accessibility and design-for-
all features of its mainstream goods and services.

6.2 Public procurement

Introducing accessibility requirements

6.2.1
into public
procurement tenders has been shown to be a very effective
means to promote the mainstreaming of design for all and
accessible technologies as well as in promoting employment
and growth. Use of public procurement to advance accessibility
approaches is a means whereby industry have a real incentive
to bring this approach to the centre of their mode of operation.
Furthermore, the EESC calls on the new Commission initiative,
eProcurement to promote on-line purchasing, to be made fully
accessible to disabled persons (consistent with the aims and
objectives of eAccessibility) and to avoid incidents of mishand-
ling or corruption.

The EESC considers interesting the European Commis-
6.3.2
sion proposal
to explore certification and self declaration
schemes and to encourage transparency and better recognition
of eAccessibility, as well as through the consideration of
adequate certification schemes for an eAccessibility mark for
goods and services that are compliant with standards on
eAccessibility.

6.3.3
EESC considers the forthcoming investigation and data
gathering on the different options will assist to clarify the best
way forward. In particular, we welcome the forthcoming EU
conference(s) and initiatives on this issue.

(8) Directive 2004/18/EC and Directive 2004/17/EC.

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6.4 Use of legislation

6.4.1
The European Commission correctly draws attention
to existing EU legislation that can be used to promote and
enforce eAccessibility.

6.4.2
Voluntary commitments made by industry are to be
very much welcomed and encouraged. Such voluntary commit-
ments demonstrate the level of interest and attention on the
part of industry to address accessibility in the design of goods
and services. At the same time, voluntary commitments alone
have not proved to be sufficient to ensure adequate implemen-
tation of accessibility requirements to address access barriers
which disabled people experience to mainstream technologies.
Voluntary commitments should be complemented by legislative
initiatives also including the field of public procurement.

6.4.3
It is important that EU commitment to eInclusion and
eAccessibility is explicitly recognised and taken up horizontally
in all other relevant EU initiatives.

6.4.4
For instance, the existing legislation in public procure-
ment and electronic communications is also strongly supported
by EU non-discrimination legislation in the field of employ-
ment which provides some important opportunities to advance
the access needs of disabled people.

— There must be regular and comprehensive monitoring at
both Commission and Member State level of how effectively
legislative commitments in the eAccessibility field are being
implemented on the ground.

— There should be examination of how to improve the
existing legislation in forthcoming legislative reviews in
order that eAccessibility provisions can be strengthened and
extended. There is a need for explicit support and promo-
tion of eAccessibility in the EU Regulations for the Struc-
tural Funds and in the EU Framework Programme on
Research (2007-2013).

— There is a need for the EU institutions to introduce stronger
and more comprehensive legislation on access to goods and
services for disabled persons, also in respect to information
communication technologies, in order for the EU to ensure
respect for social and human rights of disabled persons and
the right of disabled persons to equality of access to goods
and services.

— There is a need for the strengthening and broadening of
scope of accessibility provisions in the package of EU elec-
tronic communications Directives.

The Directive on Universal Service (9) at present covers
6.4.5
access to public pay phones and publicly available telephone
services such as emergency services and directory enquiry
services. The EESC regrets that the Directive does not cover,
within its scope either mobile telephones or broadband. The
scope of the Universal Service Directive should be extended to
cover both mobile phones and broadband (10). Furthermore,
equal access to networks and services must be assured through
fair tariffs and, where necessary, social tariffs.

to face

continue

6.4.6 Many disabled persons
severe
useability and access problems in relation to mobile communi-
cations. There is a need for
real-time interactive mobile
communication for deaf and hard of hearing persons, persons
interactive
with speech difficulties and deafblind persons;
communication through mobile communications to be received
on an equal basis with non-disabled persons — meaning in
respect to useability and quality of service and equipment,
choice, availability and price.

There is the need to address the problem of interoper-
6.4.7
ability of existing systems used by persons with sensory disabil-
ities. Disabled persons must be able to make a real time call
across Europe and internationally without difficulty.

6.4.8
The internet is increasingly being used as a public
service and communication tool but there are still important
access problems which disabled people experience when trying
to use the internet. One example of accessibility problems in
relation to broadband: New voice services such as Voice Over
Internet Protocol (VOIP) are already offering broadband-based
‘telephony’ services, a cheap service very attractive to users,
especially for international calls. However, there is no guarantee
that the VOIP will provide access to emergency services or
directory enquiry services. This needs to be addressed.

7. EESC specific proposals

In view of the aforementioned objectives and issues the EESC
considers the following concrete proposals would make a
useful contribution to achieving the overall objectives:

(9) Directive 2002/22/EC.
(10) The EESC notes that Pay-As-You-Go mobile telephony has made an
important contribution to widening access to telephony services to
persons on low incomes, and has arguably done better in this
respect that national carriers.

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7.1 Harmonised standards and interoperability

7.1.1
The EESC calls for the European Standardisation Orga-
nisations to be required to consider accessibility when devel-
oping all ICT standards.

The EESC calls

7.1.2
for EU standards and legislative
commitments to be adopted to bring about the harmonisation
of disability accessibility requirements notably in respect to the
following areas:

— access to emergency services incorporating IP networks;

— development of real-time communication in particular for

deaf and hard of hearing persons;

— access to interactive digital television;

in the ICT domain, the EESC calls on EU Member States to
produce a plan of action on the implementation of how to
apply the European standard to best effect at national
level
consistent with a common and coherent approach.

7.4 Mainstreaming

7.4.1
The EESC calls for explicit recognition of the impor-
tance of eAccessibility and design for all and ergonomic
approaches to ICT to be made across all relevant EU legislative
and non-legislative proposals,
in particular in key EU docu-
ments on the information society and in respect to the Struc-
tural Fund Regulations, the funding instruments for the new
accession countries and in the 7th Framework Programme on
Research.

— the need to interconnect accessible service provision with

access and useability of equipment.

7.5 Web Accessibility

7.2 Certification and third party testing versus self-declaration

The EESC supports

the Commission proposal

to
7.2.1
examine the idea for a certification scheme and product label-
ling and Self Declarations of Conformity together with the
mandatory or voluntary nature of these processes and supports
the
interested stakeholders, especially
including representative disability organisations. These findings
to be made available by the European Commission to the EESC
during the year 2007.

involvement of all

7.3 Public procurement

The EESC calls on all EU Member States to formally
7.5.1
adopt, unchanged, Version 2 of the Web Accessibility Initiative
Guidelines and to fully incorporate the Version 2 across all
public websites.

7.5.2
The EESC calls for the application of the 2nd level of
consent of Version 2 of the W3C-WAI Web Content Accessi-
bility Guidelines, which implies the higher accessibility level, to
be applied to all web resources.

7.5.3
The EESC notes and calls for the urgent need to
develop and make easily available authoring tools (11) on acces-
sibility which web designers can use to ensure W3C-WAI
WCAG 2.0 compliance of their websites. These tools should
conform with version 2 of the W3C WAI Authoring Tool
Accessibility Guidelines ATAG.

7.3.1
The EESC urges EU Member States to fully transpose
the Directives on Public Procurement into National law without
delay and to ensure strong provisions on requirements for
disability access are included in the framework of national law.

7.6 Legislation

7.3.2
accessibility criteria in their tendering process.

The EESC calls on all public authorities to include

7.3.3
The EESC calls for mandatory provisions on accessi-
bility to ICT goods and services to be included in the future
revision of public procurement Directives. Thereby, it should
be legally prohibited for public authorities to use software,
hardware or other ICT products and services which do not
conform to existing accessibility standards.

In respect of

the standardisation mandate to CEN,
7.3.4
CENELEC and ETSI
in support of European accessibility
requirements for public procurement of products and services

7.6.1
The European Commission must undertake stronger
action to ensure the Member States implement and meet their
obligations to disabled users under the existing electronic
communications Directives. It is apparent from the responses
received by the Commission to the INCOM questionnaire on
the Electronic Communications Package, that Member States
have not adequately respected these commitments.

7.6.2 Where Member States are not implementing their obli-
gations under EU law, the EESC calls on the European Commis-
sion to launch infringement proceedings towards the Member
State(s) concerned to ensure full compliance.

(11) The term ‘authoring tool’ refers to the wide range of software used

for creating Web content.

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The EESC calls for forthcoming revisions to the EU
7.6.3
legislation on electronic
to considerably
communications
strengthen the accessibility provisions and to make such provi-
sions mandatory.

7.6.4
The EESC calls for the publication of a comparative
report, by the European Commission, of the status of Member
States' activities in respect to eAccessibility and for legal action
to be taken where Member States' have not met their commit-
ments under the respective electronic communication Direc-
tives.

7.6.5
The EESC calls for strengthening and broadening of
scope of accessibility provisions in the EU Electronic Commu-
nications Directives on services and equipment. In particular:

— for the scope of

the Universal Service Directive to be
extended to cover mobile communications and broadband
technologies;

— for the RTTE Directive to be revised to include mandatory

requirements on accessibility to electronic equipment.

7.7 The new strategic

framework for

the European Information

Society

The EESC notes

the European Commission
7.7.1
strategy for
requires
Member States to report annually on their achievements and
how they are to implement their national reform programmes.

the European Information Society (12)

that

7.7.2
The EESC calls on the Member States to include a
specific section on eAccessibility and eInclusion in their annual
reporting and for the European Commission to support this
call.

7.7.3
The EESC calls on the Member States to set clear and
explicit targets and timetables for implementation of eAccessi-
bility provisions in the national action plans.

7.8 User involvement

users from representative disability organisations, in the devel-
opment and design of goods and services and in the develop-
ment of standards. Additional resources must be provided by
the EU institutions to ensure disabled users are able to partici-
pate adequately in the process.

7.9 Education & Training and a Design-for-all curriculum

The EESC calls on Governments and industry to
7.9.1
develop and support measures to promote ICT education and
training of disabled persons, and certain older persons within
the framework of lifelong learning as well as among other
excluded groups in order they may have better and easier,
cheaper and better access to such technologies.

7.9.2
Awareness raising measures, such as the promotion of
a European Design for All Curriculum have a great potential to
improve understanding and the integration of accessibility into
ICT.

7.9.3
The EESC calls on the European Commission, all
Member States and industry to actively promote and incorpo-
rate a design-for-all curriculum into all education and training
programmes in the ICT field.

7.9.4
The EESC calls on industry to ensure systematic in-
house or external training of its personnel on accessible design.

7.10 EESC in-house actions

7.10.1
The EESC is committed to ‘getting its own house in
order’ and ensuring it will respect the principle and practice of
accessibility in public purchasing in its public procurement
activities.

7.10.2
The EESC will examine the extent to which improve-
ments must be made to ensure full and equal access by disabled
persons to the EESC website, computer software systems and
ICT equipment.

7.8.1
The EESC calls on EU decision makers to ensure full
and equal consultation and systematic involvement of disabled

7.10.3
introduce internal procedures
ensure that all documents are issued in an accessible format.

The EESC will

to

Brussels, 15 March 2006.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

(12) COM(2005) 229 final.