Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the accessibility of public sector bodies' websites
Date: 2012-12-03
Institutions: European Commission
Subjects: EU Member State, Internet address, access to information, facilities for people with disabilities, public institution

EUROPEAN 
COMMISSION 

Brussels, 3.12.2012  
COM(2012) 721 final 

2012/0340 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the accessibility of public sector bodies' websites 

(Text with EEA relevance) 

{SWD(2012) 401 final} 
{SWD(2012) 402 final} 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

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 disabilities1.  

1.1. 

Objectives and context of the Proposal  

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 
billion2.  

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.  

1 

2 

According to the United Nations Convention on the Rights of Persons with Disabilities, persons with 
disabilities  include  those  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. 
The website developer market is calculated as the sum of the economic activities, NACE Rev. 2 classes 
J6201 – Computer programming activities and J6312 – Web portals. Source: Eurostat, Annual detailed 
enterprise statistics for services (NACE Rev.2 H-N and S95), online data code sbs_na_1a_se_r2). 

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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. 

1.2. 

Technical background 

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)3. 

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  40500:20124,  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. 

1.3. 

Policy background 

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. 

3 
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Source: http://www.w3.org/WAI/  
http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=58625 

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1.4. 

Consistency with other policies and objectives of the Union 

Article  9  of  the  United  Nations  Convention  on  the  Rights  of  Persons  with  Disabilities 
(UNCRPD)5 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/3766.  

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 Act7 (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. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2.1. 

Consultations with the interested parties 

Numerous public consultations and studies were carried out to identify problems and needs, 
addressing Member States, industry and civil-society: 

– 

– 

– 

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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)11.  

Survey on “Web-accessibility in European countries”.12  

2009/00-72: 

http://www.un.org/disabilities/default.asp?id=150  
http://www.mandate376.eu/  
http://ec.europa.eu/governance/impact/planned_ia/docs/2012_just_025_european_accessibiliy_act_en.pdf  
The study (procured in 2008 as SMART 2008/0066) produced two annual reports, in 2010 and 2011. 
(http://www.eaccessibility-monitoring.eu/researchResult.aspx) 
SMART 
evaluation-recommendations-improving-e-accessibility-services-and 
http://ec.europa.eu/digital-agenda/en/news/consultation-workshop-web-accessibility-10-june-2008 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0804:FIN:EN:PDF  
Web-accessibility  in  European  countries:  level  of  compliance  with  latest  international  accessibility 
specifications,  notably  WCAG  2.0,  and  approaches  or  plans  to  implement  those  specifications” 
http://ec.europa.eu/digital-agenda/en/news/study-report-web-accessibility-
(SMART 
european-countries-level-compliance-latest-international 

http://ec.europa.eu/digital-agenda/en/news/study-economic-assessment-and-

2008/0068). 

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– 

– 

– 

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 association15. 

2.2. 

Impact assessment 

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.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

Article 114(1) of the Treaty on the Functioning of the European Union (TFEU). 

3.2. 

Subsidiarity Principle 

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. 

13 

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Benchmarking Study 2006-2008 – “Measuring Progress of eAccessibility in Europe” (MEAC-1). See
http://ec.europa.eu/digital-

Empirica,  WRC,  RNIB,  RNID, 

eWORX 

(2007), 

agenda/en/news/assessment-status-eaccessibility-europe 
http://ec.europa.eu/digital-agenda/en/news/groups-supporting-e-inclusion-agenda 
European Information & Communications Technology Industry Association 

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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. 

3.3. 

Proportionality Principle 

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. 

3.4. 

Proposal 

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 exercise16. 

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. 

16 

http://ec.europa.eu/digital-agenda/en/news/egovernment-indicators-benchmarking-eeurope 

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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.  

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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. 

4. 

BUDGETARY IMPLICATION 

No budgetary implications for the budget of the Union. 

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2012/0340 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the accessibility of public sector bodies' websites 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 (1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee17,  

Having regard to the opinion of the Committee of the Regions18,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

The  trend  towards  a  digital  society  provides  users  with  new  ways  of  accessing 
information  and  services.  The  providers  of  information  and  services,  such  as  public 
sector bodies, rely increasingly on the Internet in order to produce, collect and provide 
a wide range of information and services online, which are essential to the public. 

(2)  Web-accessibility refers to principles and techniques to be observed when constructing 
websites  in  order  to  render  the  content  of  these  websites  accessible  to  all  users,  in 
particular  people  with  functional  limitations,  including  persons  with  disabilities.  The 
content  of  websites  includes  textual  as  well  as  non-textual  information,  and  also  the 
downloading  of  forms  and  two-way  interaction,  e.g.  the  processing  of  digital  forms, 
authentication, and transactions like case handling and payments. 

(3) 

The Commission's eGovernment Action Plan 2011-201519 calls for action to develop 
eGovernment services that ensure inclusiveness and accessibility. 

17 
18 
19 

OJ C 110/26 ,9.5.2006 / (COM(2005) 425 final). 
OJ C 009, 11/01/2012 P. 0065 - 0070. 
COM(2010) 743 final – Not published in the Official Journal 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In  its  Communication  ‘A  Digital  Agenda  for  Europe’20  the  Commission  announced 
that public sector websites should be fully accessible by 2015. 

The  Framework  Programme  for  Research,  Technological  Development  and 
Demonstration21  and  the  Competitiveness  and  Innovation  Programme22  support 
research on and the development of technological solutions to accessibility problems. 

By ratifying the United Nations Convention on the Rights of Persons with Disabilities 
('the  UN  Convention'),  the  majority  of  the  Member  States  and  the  Union,  by  its 
conclusion, have committed themselves "to ensure to persons with disabilities access, 
on equal basis with others, to inter alia information and communication technologies" 
and "to take appropriate measures […] to promote access for persons with disabilities 
to  new  information  and  communications  technologies  and  systems,  including  the 
Internet." 

The  European  Disability  Strategy  2010-202023  builds  on  the  UN  Convention  and 
contains  actions  in  several  priority  areas,  including  web  accessibility,  with  the 
objective "to ensure accessibility to goods and services including public services and 
assistive devices for people with disabilities." 

The  Council  Regulation  (EC)  No  1081/2006  laying  down  general  provisions  on  the 
European  Regional  Development  Fund,  the  European  Social  Fund  and  the  Cohesion 
Fund24contains  provisions  on  the  accessibility  of  ICT.  It  does  not,  however,  address 
specificities of web-accessibility. 

The  fast  growing  web-accessibility  market  comprises  a  range  of  economic  operators 
such  as  those  developing  websites  or  software  tools  to  create,  manage  and  test  web 
pages, developing user agents such as web browsers and related assistive technologies, 
implementing certification services and training providers.  

(10)  Several  Member  States  have  adopted  measures  based  on  internationally-used 
guidelines for the design of accessible websites, but the guidance provided often refers 
to different versions or compliancy levels of those guidelines, or technical variations at 
national level have been introduced. 

(11)  Suppliers  of  web-accessibility  include  a  large  number  of  small  and  medium-sized 
enterprises  (SME).  Suppliers  and  SME  in  particular  are  discouraged  from  entering 
business ventures outside their own domestic markets. Due to the differences in web-
accessibility  specifications  and  regulations,  their  competitiveness  and  growth  are 
hampered by the additional costs they would incur in the development and marketing 
of cross-border web-accessibility related products and services. 

(12)  Buyers  of  websites  and  related  products  and  services  are  faced  with  high  prices  in 
service  provision  or  dependence  on  a  single  supplier,  due  to  limited  competition. 
Suppliers  often  favour  variations  of  proprietary  'standards',  hindering  later  scope  for 

20 
21 
22 
23 
24 

COM(2010) 245 final/2 
OJ L 412, 30.12.2006, p. 1–43. 
OJL L 310, 9.11.2006, p. 15 – 40.  
COM( 2010) 636 final - Not published in the Official Journal 
OJ L 210, 31.07.2006, p.25. 

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interoperability of user agents, and Union-wide ubiquitous access to website contents. 
Fragmentation among national regulations reduces the benefits that could result from 
sharing experiences with national and international peers in responding to societal and 
technological developments. 

(13)  The  approximation  of  national  measures  at  Union  level,  based  on  an  agreement  on 
accessibility  requirements  for  public  sector  bodies'  websites,  is  necessary  in  order  to 
put  an  end  to  fragmentation.  It  would  reduce  uncertainty  for  web-developers  and 
interoperability.  By  using  accessibility  requirements  which  are 
would  foster 
technology  neutral,  innovation  will  not  be  hampered  and  may  possibly  even  be 
stimulated. 

(14)  A harmonised approach should also allow Union public sector bodies and enterprises 
to gain economic and social benefits from extending the provision of on-line services 
to  include  more  citizens  and  customers.  This  should  increase  the  potential  of  the 
internal  market  for  web-accessibility  products  and  services.  The  resulting  market 
growth should allow undertakings to contribute to economic growth and jobs creation 
within  the  Union.  Strengthening  the  internal  market  should  make  investment  in  the 
Union  more  attractive.  Governments  should  benefit  from  cheaper  provision  of  web-
accessibility.  

(15)  Citizens should benefit from wider access to online public sector services and should 
receive  services  and  information  which  will  facilitate  the  enjoyment  of  their  rights 
across the Union, notably their right to move and reside freely within the territory of 
the Union and their freedom of establishment and to provide services. 

(16)  The  web–accessibility  requirements  defined  in  this  Directive  are  technology  neutral. 
They  only  indicate  which  basic  functionalities  have  to  be  fulfilled  for the  user  to 
perceive, operate or understand a site and its content. They do not specify how this has 
to  be  achieved  or  what  technology  should  be  selected  for  a  particular  site,  on-line 
information or application. As such they do not hamper innovation. 

(17) 

Interoperability  related  to  web-accessibility  should  be  based  on  commonly  adopted 
and  used  specifications  that  maximize  the  compatibility  of  the  web-content  with 
current  and  future  user  agents  and  assistive  technologies.  More  specifically,  web-
content  should  provide  user  agents  with  a  common  internal  coding  of  natural 
language, structures, relations, and sequences, as well as data of any embedded user-
interface  components.  Interoperability  thus  benefits  the  users,  allowing  them  to 
employ their user agents ubiquitously to access websites: they might also benefit from 
greater choice and reduced prices across the Union. Interoperability would also benefit 
the suppliers and buyers of web-accessibility related products and services. 

(18)  As  underlined  in  the  Digital  Agenda  for  Europe,  public  authorities  should  play  their 
part  in  promoting  markets  for  online  content.  Governments  can  stimulate  content 
markets by making public sector information available under transparent, effective and 
non-discriminatory  conditions.  This  is  an  important  source  of  potential  growth  of 
innovative online services.  

(19)  The  Directive  should  aim  at  ensuring  that  certain  types  of  public  sector  bodies' 
websites  that  are  essential  to  the  public  are  made  accessible  according  to  common 

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requirements.  Such  types  were  identified  in  the  2001  E-government  benchmarking 
exercise25 and have been used as a basis for the list in the Annex. 

(20)  This  Directive  lays  down  web-accessibility  requirements  for  certain  types  of  public 
sector  bodies'  websites.  In  order  to  facilitate  the  conformity  of  websites  concerned 
with those requirements it is necessary to provide presumption of conformity for the 
websites concerned that meet harmonised standards that are drawn up and published in 
accordance  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, for the purpose of expressing detailed technical specifications for those 
requirements.  Pursuant  to  this  Regulation,  Member  States  and  the  European 
Parliament shall be able to object to the harmonised standards which they consider that 
do not entirely satisfy the web accessibility requirements laid down in this Directive. 

(21)  The  Commission  has  already 

to 

issued  a  mandate  M/37626 

the  European 
Standardisation  Organisations,  to  develop  a  European  standard  specifying  the 
functional  accessibility  requirements  for  ICT  products  and  services,  including  web 
content, which could be used in public procurement as well as for other purposes like 
procurement  in  the  private  sector.  To  this  end,  the  European  Standardisation 
Organisations  are  required  to  establish  close  co-operation  with  relevant  industry 
standards  forums  and  consortia  including  the  World  Wide  Web  Consortium 
(W3C/WAI).  A  harmonised  standard  that  would  provide  presumption  of  conformity 
with  the  web-accessibility  requirements  laid  down  in  this  Directive  should  be  built 
upon the outcome of this work. 

(22)  Until  the  references  of  such  a  harmonised  standard  or  parts  thereof  are  published, 
presumption  of  conformity  with  the  web-accessibility  requirements  should  be 
provided  for  the  websites  concerned  which  meet  the  European  standards  or  part 
thereof that have been determined by the Commission by delegating acts. A candidate 
could  be  the  European  standard  which  should  be  adopted  on  the  basis  of  mandate 
M/376  

(23) 

In the absence of such a European standard, presumption of conformity with the web-
accessibility requirements should be provided for the websites concerned which meet 
those  parts  of  the  international  standard  ISO/IEC  40500:2012  covering  the  Success 
Criteria and Conformance Requirements for Level AA conformance. The international 
standard  ISO/IEC  40500:2012  is  exactly  the  same  as  the  original  Web  Content 
Accessibility  Guidelines  2.0.  The  Success  Criteria  and  Requirements  for  Level  AA 
conformance  specified  for  web  pages  in  the  version  2.0  of  the  Web  Content 
Accessibility  Guidelines  (WCAG  2.0)  from  the  W3C  are  broadly  recognised  by 
stakeholders  both  internationally  and  at  European  level,  to  provide  the  basis  for 
adequate  web-accessibility  specifications.  This  has  been  underlined  in  the  Council 
Conclusions on Accessible Information Society27.  

25 
26 
27 

http://ec.europa.eu/digital-agenda/en/news/egovernment-indicators-benchmarking-eeurope 
http://www.mandate376.eu/  
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/trans/107014.pdf 

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(24)  The conformity with web-accessibility requirements should be continuously monitored 
from  the  initial  construction  of  the  public  sector  bodies'  website  to  all  subsequent 
updates of its content. A harmonised monitoring methodology would cover a way of 
verifying, on a uniform basis in all Members States, the degree of compliance of the 
website  with  the  requirements  for  web-accessibility,  the  collection  of  representative 
samples and the periodicity of the monitoring.. Member States should report annually 
on  the  outcome  of  the  monitoring  and  more  generally  on  the  list  of  actions  taken  in 
application of this Directive. 

(25) 

(26) 

(27) 

In a harmonised framework, the web-developers industry should face fewer barriers to 
operate in the internal market, while costs for governments and others procuring web-
accessibility products and services should be reduced. 

In order to ensure that the websites concerned are made accessible in accordance with 
the requirements for web-accessibility laid down by this Directive, the power to adopt 
acts in accordance with Article 290 of the Treaty on the Functioning of the European 
Union  should  be  delegated  to  the  Commission  to  specify  further,  where  appropriate, 
these requirements and to determine the European standard or parts thereof which, in 
the absence of harmonised standards, would provide presumption of conformity with 
the  web-accessibility  requirements  for  the  websites  concerned  which  meet  such 
standard or parts thereof. It is of particular importance that the Commission carries out 
appropriate  consultations  during  its  preparatory  work,  including  at  expert  level.  The 
Commission,  when  preparing  and  drawing  up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and to the Council. 

In order to ensure uniform conditions for the implementation of the relevant provisions 
of this Directive, implementing powers should be conferred to the Commission. The 
examination  procedure  should  be  used  for  the  definition  of  the  methodology  that 
Member  States  should  use  for  monitoring  the  conformity  of  the  websites  concerned 
with those requirements. The advisory procedure should be used for the determination 
of the modalities according to which Member States should report to the Commission 
on the result of this monitoring. Those powers should be exercised in accordance with 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  the  Council  of  16 
February  2011  laying  down  the  rules  and  general  principles  concerning  mechanisms 
for  control  by  the  Member  States  of  the  Commission's  exercise  of  implementing 
powers. 

(28)  Since  the  objective  of  this  Directive,  namely,  the  establishment  of  a  harmonised 
market  for  the  accessibility  of  public  sector  bodies'  websites,  cannot  be  sufficiently 
achieved  by  the  Member  States,  because  it  requires  the  harmonisation  of  different 
rules currently existing in their respective legal systems and can, therefore, be better 
achieved  at  Union  level,  the  Union  may  adopt  measures,  in  accordance  with  the 
principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Directive does not go beyond what is necessary in order to achieve that objective, 

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HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Subject matter and scope 

1.  This Directive aims at approximating the laws, regulations and administrative provisions 
of  the  Member  States  related  to  the  accessibility  of  the  content  of  public  sector  bodies' 
websites  to  all  users,  in  particular  people  with  functional  limitations  including  persons 
with disabilities.  

2.  It  lays  down  the  rules  according  to  which  Member  States  shall  make  accessible  the 
content of websites belonging to public sector bodies, the types of which are specified in 
the Annex. 

3.  Member States may extend the application of this Directive to other types of public sector 

websites than those referred to in paragraph 2. 

Article 2 

Definitions 

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

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

‘Websites concerned’ means those referred to in Article 1(2) of this Directive. 

‘Content of websites’ means information to be communicated to the user by means 
of  a  user  agent,  including  code  or  mark-up  that  defines  the  content's  structure, 
presentation, and interactions.  

‘User agent’ means any software that retrieves and presents web contents for users, 
including  web  browsers,  media  players,  plug-ins,  and  other  programs  that  help  in 
retrieving, rendering, and interacting with web content. 

‘Standard’ means a technical specification, adopted by a recognised standardisation 
body,  for  repeated  or  continuous  application,  with  which  compliance  is  not 
compulsory as defined in Article 2(1) of Regulation (EU) No 1025/2012. 

‘International standard’ means a standard adopted by an international standardisation 
body as defined in Article 2(1)(a) of Regulation (EU) No 1025/2012. 

‘European  standard’  means  a  standard  adopted  by  a  European  standardisation 
organisation as defined in Article 2(1)(b) of Regulation (EU) No 1025/2012; 

‘Harmonised standard’ means a European standard adopted on the basis of a request 
made  by  the  Commission  for  the  application  of  Union  harmonisation  legislation  as 
defined in Article 2(1)(c) of Regulation (EU) No 1025/2012. 

‘Public sector body’ means the State, regional or local authorities, bodies governed 
by public law as defined in Article 1 (9) of Directive 2004/18/EC, and associations 

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formed by one or several such authorities or one or several such bodies governed by 
public law.  

Article 3 

Requirements for web-accessibility 

1.  Member States shall take the necessary measures to ensure that the websites concerned are 

made accessible  

(a) 

in  a  consistent  and  adequate  way  for  users'  perception,  operation  and 
understanding,  including  adaptability  of  content  presentation  and  interaction, 
when necessary, providing an accessible electronic alternative; 

(b) 

in  a  way  which  facilitates  interoperability  with  a  variety  of  user  agents  and 
assistive technologies at Union and international level.  

2.  Member  States  shall  apply  the  provisions  of  paragraph  1  by  31  December  2015  at  the 

latest. 

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 
8, to specify further, where appropriate, the requirements for web-accessibility referred to 
in paragraph 1.  

Article 4 

Presumption of conformity with harmonized standards 

1.  The websites concerned that meet harmonised standards or parts thereof the references of 
which have been drawn up and published by the Commission in the Official Journal of the 
European Union, in accordance with Regulation (EU) No 1025/2012, shall be presumed to 
be  in  conformity  with  the  web-accessibility  requirements  covered  by  those  standards  or 
parts thereof, set out in Article 3. 

Article 5 

Presumption of conformity with European or international standards 

1.  As long as the references of the harmonised standards referred to in Article 4 have not yet 
been published, the websites concerned that meet European standards or parts thereof that 
have been determined pursuant to paragraph 2 shall be presumed to be in conformity with 
the web-accessibility requirements covered by those standards or parts thereof, set out in 
Article 3. 

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 
8, in order to determine the European standards or parts thereof referred to in paragraph 1. 
3.  As long as the references of the European standards referred to in paragraph 1 have not 
yet  been  determined,  the  websites  concerned  that  meet  the  parts  of  the  ISO/IEC  40500: 

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2012  covering  the  Success  Criteria  and  Conformance  Requirements  for  Level  AA 
conformance,  shall  be  presumed  to  be  in  conformity  with  the  web-accessibility 
requirements set out in Article 3. 

Article 6 

Additional measures  

1.  Member  States  shall  promote  that  the  websites  concerned  provide  a  statement  on  their 
accessibility,  in  particular  on  their  compliance  with  this  Directive  and  with  possibly 
additional accessibility information in support to users.  

2.  Member  States  shall  take  measures  to  facilitate  the  application  of  the  web-accessibility 
requirements  as  defined  in  Article  3  to  all  public  sector  bodies'  websites  beyond  those 
concerned,  in  particular,  to  public  sector  bodies'  websites  covered  by  existing  national 
laws or relevant measures on web-accessibility.  

3.  Member  States  shall  support  appropriate  mechanisms  for  consultations  on  web- 
accessibility  with  relevant  stakeholders  and  make  public  any  developments  in  web-
accessibility policy together with the experiences and findings from the implementation of 
conformity of web-accessibility requirements. 

4.  Member States shall cooperate at Union level with industry and civil society stakeholders, 
with  facilitation  by  the  Commission,  in  order  to  review,  for  the  purpose  of  the  annual 
reporting referred to in Article 7(4), market and technological developments and progress 
in web-accessibility and to exchange best practices. 

Article 7 

Monitoring and reporting 

1.  Member  States  shall  monitor  the  compliance  of  the  websites  concerned  with  the 
requirements for web-accessibility on a continuous basis, using the methodology provided 
for in paragraph 4.  

2.  Member  States  shall  report  annually  on  the  outcome  of  the  monitoring  carried  out 
according to paragraph 4 including the measurement data and, where appropriate, the list 
of the websites referred to in Article 1(3).  

3.  This report shall also cover the actions conducted pursuant to Article 6. 
4.  The  Commission  establishes,  by  way  of  implementing  acts,  the  methodology  for  the 
monitoring  of  the  conformity  of  the  websites  concerned  with  the  requirements  for  web-
accessibility  as  set  out  in  Article  3.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 9(3). The methodology 
will be published in the Official Journal of the European Union. 

5.  The methodology referred to in paragraph 4 shall include: 

(a) 

(b) 

the  periodicity  of  the  monitoring  and  the  sampling  of  the  websites  concerned 
that shall be subject to monitoring; and 

at website level, the description of how compliance with the requirements for 
web-accessibility  referred  to  in  Article  3  is  to  be  demonstrated,  directly 
referencing  -  whenever  available  -  to  the  relevant  descriptions  in  the 

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harmonised  standard,  or  in  their  absence  in  the  European  or  international 
standards referred to in Articles 4 and 5 respectively. 

6.  The arrangements for reporting by Member States to the Commission shall be established 
by  the  Commission  by  way  of  implementing  acts.  Those  implementing  acts  shall  be 
adopted in accordance with the advisory procedure referred to in Article 9(2).  

Article 8 

Exercise of the delegation 

1.  The powers to adopt the delegated acts shall be conferred on the Commission subject to 

the conditions laid down in this Article. 

2.  The powers to adopt the delegated acts referred to in Article 3 and 5 shall be conferred for 

an indeterminate period of time from the date of entry into force of this Directive.  

3.  The delegation of power referred to in Article 3 and 5 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to the 
delegation of the power specified in that decision. It shall take effect on the day following 
that of the publication of the decision in the Official Journal of the European Union or on 
a later date, specified therein. It shall not affect the validity of any delegated acts already 
in force. 

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 

European Parliament and to the Council. 

5.  A  delegated  act  adopted  pursuant  to  Article  3  and  5  shall  enter  into  force  only  if  no 
objection  has been expressed either by  the European Parliament or the Council within a 
period  of  two  months  of  notification  of  that  act  to  the  European  Parliament  and  the 
Council or if, before the expiry of that period, the European Parliament and the Council 
have  both  informed  the  Commission  that  they  will  not  object.  That  period  shall  be 
extended by two months at the initiative of the European Parliament or the Council. 

Article 9 

Committee 

1.  The Commission shall be assisted by a committee. That committee shall be a committee 

within the meaning of Regulation (EU) No 182/2011. 

2.  Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No  182/2011 

shall apply. 

3.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No  182/2011 

shall apply. 

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Article 10 

Transposition 

1.  Member States shall bring into force the laws, regulations and administrative  provisions 
necessary to comply with this Directive by 30 June 2014 at the latest. They shall forthwith 
communicate to the Commission the text of those provisions. When Member States adopt 
those  provisions,  they  shall  contain  a  reference  to  this  Directive  or  be  accompanied  by 
such  a  reference  on  the  occasion  of  their  official  publication.  Member  States  shall 
determine how such reference is to be made.  

2.  Member States shall communicate to the Commission the text of the main provisions of 

national law, they adopt in the field covered by this Directive. 

Article 11 

Review 

The  Commission  shall  carry  out  a  review  of  the  application  of  this  Directive  within  three 
years from its entry into force.  

Article 12 

Entry into force 

This Directive shall enter into force on the 20th day following its publication in the Official 
Journal of the European Union. 

Article 13 

Addressees 

This Directive is addressed to the Member States in accordance with the Treaties. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX  

Types of public sector bodies' websites 

(as referred to in Article 1(2)) 

Income taxes: declaration, notification of assessment 

Job search services by labour offices  

Social-security  benefits:  unemployment  benefits,  child  allowances,  medical  costs 
(reimbursement or direct settlement), student grants.  

Personal documents: passports or driving license  

Car registration  

Application for building permission  

Declaration to police, e.g. in case of theft  

Public libraries, e.g. catalogues and search tools  

Request and delivery of birth or marriage certificates 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

Enrolment in higher education or university  

(11) 

Notification of change of residence 

(12) 

Health-related  services:  interactive  advice  on  the  availability  of  services,  online 
services for patients, appointments.  

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