CELEX: 32021D1339
Language: en
Date: 2021-08-11 00:00:00
Title: Commission Implementing Decision (EU) 2021/1339 of 11 August 2021 amending Implementing Decision (EU) 2018/2048 as regards the harmonised standard for websites and mobile applications (Text with EEA relevance)

12.8.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 289/53
            
         
      
         COMMISSION IMPLEMENTING DECISION (EU) 2021/1339
         of 11 August 2021
         amending Implementing Decision (EU) 2018/2048 as regards the harmonised standard for websites and mobile applications
         (Text with EEA relevance)
      
      
         THE EUROPEAN COMMISSION,
         
            Having regard to the Treaty on the Functioning of the European Union,
         
         
            Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 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 Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,
         
         Whereas:
         
            
                        (1)
                     
                     
                        In accordance with Article 6(1) of Directive (EU) 2016/2102 of the European Parliament and of the Council (2), content of websites and mobile applications which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the accessibility requirements covered by those standards or parts thereof set out in Article 4 of that Directive.
                     
                  
         
            
                        (2)
                     
                     
                        On the basis of Implementing Decision C(2017) 2585, CEN, Cenelec and ETSI amended the harmonised standard EN 301 549 v2.1.2 (2018-08), the references of which are included in the Annex to Commission Implementing Decision (EU) 2018/2048 (3). That resulted in the adoption of the amending harmonised European standard, EN 301 549 v3.2.1 (2021-03). The harmonised European standard EN 301 549 v3.2.1 (2021-03) sets out, among others, technical requirements on the accessibility of websites and mobile applications and contains a mapping of the relevant provisions from the standard to the accessibility requirements set out in Article 4 of Directive (EU) 2016/2102.
                     
                  
         
            
                        (3)
                     
                     
                        The harmonised standard EN301 549 v3.2.1 (2021-03) updates, among others, the mappings in tables A.1 and A.2 of Annex A that provide the presumption of conformity with Directive (EU) 2016/2102. The standard also includes guidance on its use in Annex E and provides further information on changes in Annex F.
                     
                  
         
            
                        (4)
                     
                     
                        The Commission, together with CEN, Cenelec and ETSI, has assessed whether the relevant provisions of the harmonised European standard EN 301 549 v3.2.1 (2021-03) delivered by CEN, Cenelec and ETSI comply with the request set out in Implementing Decision C(2017) 2585.
                     
                  
         
            
                        (5)
                     
                     
                        The result of the assessment is that the relevant provisions of the harmonised European standard EN 301 549 v3.2.1 (2021-03) satisfy the requirements which they aim to cover and which are set out in Annex II to Implementing Decision C(2017) 2585. It is therefore appropriate to publish the reference of that standard in the Official Journal of the European Union.
                     
                  
         
            
                        (6)
                     
                     
                        Consequently, the references of the harmonised standard EN 301 549 v2.1.2 (2018-08) have to be withdrawn from the Official Journal of the European Union, given that it has been amended by the harmonised European standard EN 301 549 v3.2.1 (2021-03).
                     
                  
         
            
                        (7)
                     
                     
                        In order to give sufficient time to prepare for the application of the harmonised standard EN 301 549 V3.2.1 (2021-03), it is necessary to defer the application of the withdrawal of the harmonised standard EN 301 549 v2.1.2 (2018-08).
                     
                  
         
            
                        (8)
                     
                     
                        Implementing Decision (EU) 2018/2048 should therefore be amended accordingly.
                     
                  
         
            
                        (9)
                     
                     
                        Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication,
                     
                  
         HAS ADOPTED THIS DECISION:
      
      
         
            
               Article 1
            
            The Annex to Implementing Decision (EU) 2018/2048 is amended in accordance with the Annex to this Decision.
         
         
            
               Article 2
            
            This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
            Point (1) of the Annex shall apply from 12 February 2022.
         
      
      
         
            Done at Brussels, 11 August 2021.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
      
      
         (1)  OJ L 316, 14.11.2012, p. 12.
      
         (2)  Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
      
         (3)  Commission Implementing Decision (EU) 2018/2048 of 20 December 2018 on the harmonised standard for websites and mobile applications drafted in support of Directive (EU) 2016/2102 of the European Parliament and of the Council (OJ L 327, 21.12.2018, p. 84).
   
   
      
         ANNEX
         The table in the Annex to Implementing Decision (EU) 2018/2048 is amended as follows:
         
                     (1)
                  
                  
                     row 1 is deleted;
                  
               
                     (2)
                  
                  
                     the following row 2 is inserted:
                     
                                 No
                              
                              
                                 Reference of the standard
                              
                           
                                 ‘2.
                              
                              
                                 EN 301 549 V3.2.1 (2021-03)
                                 Accessibility requirements for ICT products and services’