2012/0340(COD) | [ParlTrack]

Proposal for a directive
Recital 2

(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 as well as elderly people. 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 as well as methods to protect users' data.

Amendment 18 #

Proposal for a directive
Recital 3

Amendment 19 #

Proposal for a directive
Recital 4

(4) ~~In its Communic~~For the Implementation of ‘A Digital Agenda for Europe’ the Commission announced that public sector websites and websites providing services of general interest to cititzens should be fully accessible by 2015.

Amendment 20 #

Proposal for a directive
Recital 5

(5) The Framework Programme for Research, Technological Development and Demonstration and the Competitiveness and Innovation Programme support research on and the development of technological solutions to accessibility problems whereas within the Framework Programmes 6 and 7 the Commission has been funding research into Free/Libre and Open Source software (FOSS).

Amendment 21 #

Proposal for a directive
Recital 7

(7) The European Disability Strategy 2010- 2020,which aims at breaking down any barriers that prevent persons with disabilities from participating in society on an equal basis, 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.’

Amendment 22 #

Proposal for a directive
Recital 12

(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 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. Vendor lock- in can be avoided by requiring software suppliers to adhere to specific standards and by recommending that customers use software suppliers who publish the source code of their software, which would also prevent spying on public systems. Adopting the use of open-source software would make it possible for services and software ordered by a single Member State and rated as good to be duplicated in other Member States, and would also facilitate the joint development of software, which in turn would improve the interoperability of software, reduce production costs and improve quality. In addition, the publication of source code would promote competition and facilitate competitive tendering, as it would be possible to change service providers without any interruption in the use of services and without any need to completely renew the service. Duplication of public online services would also help to take into account people with disabilities and other special categories of user.

Amendment 23 #

Proposal for a directive
Recital 13

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

Amendment 24 #

Proposal for a directive
Recital 16

(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 and interact with 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 and account for permanent technological and societal dynamics concerning the use of web contents, e.g. the broadening utilization of hand-held devices.

Amendment 25 #

Proposal for a directive
Recital 17

(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. Information available from online services should also be accessible through an open application programming interface (API). An open API will encourage the development of assistive technologies to promote the finding of information and encourage innovation by third parties. 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.

Amendment 26 #

Proposal for a directive
Recital 17

(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 in a variety of software environments, including FOSS. More specifically, web-content should provide user agents with a common internal encoding 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 agent~~, which can be supported by the promotion of FOSS solutions, thus benefits the users, allowing them to employ a variety of user agents and devices meeting their needs 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.

Amendment 27 #

Proposal for a directive
Recital 18

(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. Thius public-sector information should be accessible independently of platform. It should also be ensured that public services operate on mobile devices, the number of which is increasing rapidly in the EU as the proportion of mouse-operated terminal devices declines. Equal treatment of different operating systems, browsers and devices is an important source of potential growth of innovative ~~online servic~~terminal and network technologies.

Amendment 28 #

Proposal for a directive
Recital 18 a (new)

(18a) It should be possible for the public authorities of the Member States to require appropriate websites to be carried on servers within the EU in order to prevent spying by parties outside the EU or leaks of information and to ensure that parties outside the EU cannot close down services which are important on security grounds.

Amendment 29 #

Proposal for a directive
Recital 19

(19) The Directive should aim at ensuring that ~~certain types of~~ public sector bodies' websites that are essential to the public are made fully accessible ~~according to common 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~~to persons with disabilities so that they are enabled to live independently and participate fully in all aspects of life as stated in the UNCRPD. The identification of such websites should include websites providing services of general interest.

Amendment 30 #

Proposal for a directive
Recital 24

(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. Those reports should be made available to the public.

Amendment 31 #

Jutta STEINRUCK

Proposal for a directive
Recital 24

(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. The Commission should produce a summary of those reports and present it to the European Parliament and Council.

Amendment 32 #

Jutta STEINRUCK

Proposal for a directive
Recital 27

(27) 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. Special attention should be paid to the composition of the advisory committee with regard to the participation of representatives of persons with disabilities and elderly persons.

Amendment 33 #

Proposal for a directive
Article 1 – paragraph 1

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 and elderly people.

Amendment 34 #

Proposal for a directive
Article 1 – paragraph 1 a (new)

1a. According to the UNCRPD, persons with disabilities include those having 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.

Amendment 35 #

Proposal for a directive
Article 1 – paragraph 2

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~~including those which provide services of general interest.

Amendment 36 #

Proposal for a directive
Article 2 – point 1 a (new)

(1a) 'Web accessibility' means principles and techniques to be observed when constructing websites in order to render the content of these websites in such way as that all users, in particular persons with disabilities, as well as elderly persons, can fully perceive, understand, navigate, and interact with web contents.

Amendment 37 #

Jutta STEINRUCK

Proposal for a directive
Article 2 – point 1 a (new)

(1a) 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, including persons with disabilities and elderly persons. The content of websites may include textual as well as non-textual information, and also offer possibilities to download forms as well as two-way interaction including the processing of digital forms, authentication, case handling and payments.

Amendment 38 #

Proposal for a directive
Article 2 – point 2

(2) ‘'Content of websites’' means ~~information~~all textual and nontextual information associated with a website to be communicated to ~~the~~ users by means of a user agent, including code or mark-up that defines the content's structure, presentation, and interactions, as well as functions of downloading and/or uploading and processing of digital documents, forms and implemented or related methods of authentication, identification, transactions, payments, security, e.g. encryption of data transmission, protection of user data and Completely Automated Public Turing Test To Tell Computers and Humans Apart (CAPTCHA).

Amendment 39 #

Proposal for a directive
Article 2 – point 8

(8) ‘'Public sector body~~’ means the S~~' refers to the Union institutions in the Member States (e.g. the Commission Representation in the Member States and the European Parliament Information Office for the Member States) and the state, regional or local authorities, bodies governed by public law as defined in Article 1 (9) of Directive 2004/18/EC, and associations formed by one or several such authorities or one or several such bodies governed by public law.

Amendment 40 #

Proposal for a directive
Article 2 – point 8

(8) ‘'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 formed by one or several such authorities or one or several such bodies governed by public law and bodies providing services of general interest and/or general economic interest.

Amendment 41 #

Proposal for a directive
Article 2 – point 8 a (new)

(8a) ‘Web-accessibility’ means user- friendly interaction with respect to all users, especially taking into consideration the concept of communication defined in Article 2 of the UN Convention, which includes languages, display of text, Braille, tactile communication, large print, and accessible multimedia, as well as written, audio, plain-language, human- reader and augmentative and alternative modes, means, and formats of communication, including accessible information and communication technology.

Amendment 42 #

Proposal for a directive
Article 2 – point 8 a (new)

(8a) In this context, ‘terminal device’ means any device by means of which it is possible to use a user agent as referred to in this directive.

Amendment 43 #

Proposal for a directive
Article 2 – point 8 b (new)

(8b) In this context, ‘mobile devices’ means portable terminal devices which can be controlled without a separate mouse.

Amendment 44 #

Proposal for a directive
Article 2 – point 8 c (new)

(8c) ‘Vendor lock-in’ means a situation in which it is so difficult for a customer to change service provider that he can be regarded as being dependent on his service provider, who for his part can exploit the relationship of dependence by raising prices very high before it is worthwhile for the customer to consider changing service providers.

Amendment 45 #

Proposal for a directive
Article 2 – point 8 d (new)

(8d) In this context, ‘platform independence’ means – within the bounds of reason – the possibility to use an online service by means of any operating system on any terminal device and with the aid of any browser. In practice, therefore, a platform-independent service adheres to standards and does not, for example, require browser extensions which are available only with certain browsers or operating systems.

Amendment 46 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) in a consistent and adequate way for users’ perception, operation and understanding, involving persons with disabilities and the elderly, as well as their representative organisations, including adaptability of content presentation and interaction, when necessary, providing an accessible electronic alternative;

Amendment 47 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(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~~;

Amendment 48 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) in a way which facilitates interoperability with a variety of user agents and assistive technologies at Union and international level. Different operating systems, browsers and devices must be treated equally. Public-sector websites should be accessible independently of platform and by means of mobile devices.

Amendment 49 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) in a way which facilitates interoperability with a broad variety of user agents, devices and assistive technologies at Union and international level.

Amendment 50 #

Proposal for a directive
Article 3 – paragraph 3

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, which shall go in line with principles of technology neutrality and facilitate the use and development of FOSS.

Amendment 51 #

Proposal for a directive
Article 4 – paragraph 1

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. Moreover, concrete deadlines for the enforcement of standardization tasks shall be set by the Commission.

Amendment 52 #

Proposal for a directive
Article 6 – paragraph 3

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

Amendment 53 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 54 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. Member States may require appropriate websites to be hosted on servers within the Union, on security grounds.

Amendment 55 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 56 #

Proposal for a directive
Article 7 – paragraph 2

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). Those reports shall be made available to the public.

Amendment 57 #

Proposal for a directive
Article 8 – paragraph 2

2. The powers to adopt the delegated acts referred to in Article 3 and 5 shall be conferred for a~~n indeterminate~~ period of t~~ime~~hree years from the date of entry into force of this Directive.

Amendment 58 #

Proposal for a directive
Article 9 – paragraph 1

1. The Commission shall be assisted by a committee. Persons with disabilities, the elderly, and their representative organisations shall be involved in the advisory committee to examine any future specifications in the requirements for web-accessibility. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 59 #

Proposal for a directive
Article 11 – paragraph 1

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

Amendment 60 #

Proposal for a directive
Annex 1 – heading 1

~~Types of public sector bodies' websites~~List of Websites concerned

Amendment 61 #

Proposal for a directive
Annex 1 – point 1

(1) ~~Income taxes: declaration, notification of assessment~~Websites of the authorities as defined in Article 1(9) of Directive 2004/18/EC and Article 2(1) of Directive 2004/17/EC

Amendment 62 #

Proposal for a directive
Annex 1 – point 2

(2) ~~Job search services by labour offices~~Websites delivering services listed in Annex II to Directive 2004/18/EC

Amendment 63 #

Proposal for a directive
Annex 1 – point 3

(3) ~~Social-security benefits: unemployment benefits, child allowances, medical costs (reimbursement or direct settlement), student grants.~~Websites delivering services listed in Articles 3 to 6 of Directive 2004/17/EC

Amendment 64 #

Proposal for a directive
Annex 1 – point 3

(3) Social-security benefits: unemployment benefits, child allowances, medical costs (reimbursement or direct settlement), student grants., housing benefits, disability benefits, transport benefits, etc.; social services and institutions;

Amendment 65 #

Proposal for a directive
Annex 1 – point 4

(4) ~~Personal documents: passports or driving licens~~Websites which are partially or fully funded by authorities referred to in point 1 above

Amendment 66 #

Proposal for a directive
Annex 1 – point 4

(4) Personal documents: passports or ~~driving license~~identity cards, driving license and other documents issued by authorities, as well as documents certifying professional training or skills

Amendment 67 #

Proposal for a directive
Annex 1 – point 5

~~(5) Car registration~~deleted

Amendment 68 #

Proposal for a directive
Annex 1 – point 6

~~(6) Application for building permission~~deleted

Amendment 69 #

Proposal for a directive
Annex 1 – point 7

~~(7) Declaration to police, e.g. in case of theft~~deleted

Amendment 70 #

Proposal for a directive
Annex 1 – point 7 a (new)

(7a) Reporting incidents of fire to the authorities

Amendment 71 #

Proposal for a directive
Annex 1 – point 7 b (new)

(7b) Agencies concerned with fundamental rights (e.g. anti- discrimination bodies, authorities, law courts, ombudsmen, etc.)

Amendment 72 #

Proposal for a directive
Annex 1 – point 8

~~(8) Public libraries, e.g. catalogues and search tools~~deleted

Amendment 73 #

Proposal for a directive
Annex 1 – point 8

(8) Public libraries, e.g. catalogues and search tools, national museums and galleries

Amendment 74 #

Proposal for a directive
Annex 1 – point 9

~~(9) Request and delivery of birth or marriage certificates~~deleted

Amendment 75 #

Proposal for a directive
Annex 1 – point 10

~~(10) Enrolment in higher education or university~~deleted

Amendment 76 #

Proposal for a directive
Annex 1 – point 10

(10) Enrolment in higher education or university, supported schools and vocational trainings, educational bodies and institutions

Amendment 77 #

Proposal for a directive
Annex 1 – point 11

~~(11) Notification of change of residence~~deleted

Amendment 78 #

Proposal for a directive
Annex 1 – point 12

~~(12) Health-related services: interactive advice on the availability of services, online services for patients, appointments.~~deleted

Amendment 79 #

Proposal for a directive
Annex 1 – point 12

(12) Health-related services: emergency medical care, interactive advice on the availability of services, online services for patients, appointments.

Amendment 80 #

Proposal for a directive
Annex 1 – point 12 a (new)

(12a) Websites for target audiences with disabilities and the elderly

Amendment 81 #

Proposal for a directive
Annex 1 – point 12 b (new)

(12b) Calls for tenders and proposals for relevant Union funds, national and local grants

Amendment 82 #

Proposal for a directive
Annex 1 – point 12 c (new)

(12c) Public transport

source: PE-514.818

2013/07/18 IMCO 186 amendments...

Amendment 100 #

Proposal for a directive
Article 1 – paragraph 2

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

Amendment 101 #

Proposal for a directive
Article 1 – paragraph 2

2. It lays down the rules according to which Member States shall make accessible the content ~~of websites belonging to public sector bodies~~, including all content and documents made available for downloading, of websites belonging to public sector bodies and websites operated by entities providing basic services to the public, the types of which are specified in the Annex.

Amendment 102 #

Proposal for a directive
Article 1 – paragraph 2

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.~~functionalities and content of:

Amendment 103 #

Proposal for a directive
Article 1 – paragraph 2 – point a (new)

(a) web sites and services of public sector bodies (the types of which are specified in the Annex);

Amendment 104 #

Proposal for a directive
Article 1 – paragraph 2 – point b (new)

(b) web sites and web services of certain general-interest service providers (the types of which are specified in Annex Ia);

Amendment 105 #

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. The provisions of this Directive must be applicable not only to the service itself but also to the entire website on which the service is being provided.

Amendment 106 #

Proposal for a directive
Article 1 – paragraph 3

3. Member States may extend the application of this Directive to other types of public sector websites (public sector bodies and general-interest service providers) than those referred to in paragraph 2.

Amendment 107 #

Proposal for a directive
Article 1 – paragraph 3

3. Member States ~~may~~should extend the application of this Directive to other types of ~~public sector websites than those referred to in paragraph 2~~websites.

Amendment 108 #

Proposal for a directive
Article 1 – paragraph 3 a (new)

3a. This Directive shall be phased in to apply to all websites belonging to public sector bodies by 31 December 2017.

Amendment 109 #

Proposal for a directive
Article 1 – paragraph 3 b (new)

3b. Versions of public sector bodies’ websites designed for mobile devices (telephones and tablets) and for functions intended to facilitate mobile access in general shall be explicitly covered by this Directive.

Amendment 110 #

Proposal for a directive
Article 2 – point 1

(1) ‘Websites concerned’ means ~~those referred to in Article 1(2) of this Directive.~~ all versions of those websites, accessible via one or any device, referred to in Article 1(2), including those designed to be accessed with a mobile or tablet device, or any other means.

Amendment 111 #

Proposal for a directive
Article 2 – point 2

(2) ‘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, and any hardware or software system that allows users to log in and communicate with the website. It includes textual as well as non-textual information, as well as documents and forms that users can download and interact with online and offline. It also includes the processing of digital forms as well as completion of identification, authentication and payment processes. Content of websites also includes functions and content provided through websites, which are external to the website concerned, for instance through the use of web-links. Content also includes social media content embedded in those websites. Content also includes authoring tools.

Amendment 112 #

Wim van de CAMP

Proposal for a directive
Article 2 – point 2

(2) ‘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 and any hardware or software system that allows users to log in and communicate with the website. It includes textual as well as non-textual information, as well as documents and forms that users can download and interact with online and offline. It also includes the processing of digital forms as well as completion of identification, authentication and payment processes. Content of websites also includes functions and content provided through websites, which are external to the website concerned, for instance through the use of web-links. Content also includes social media content embedded in those websites. Content also includes authoring tools.

Amendment 113 #

Proposal for a directive
Article 2 – point 2

(2) ‘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. This also includes any hardware or software system that allows users to log in and communicate with the website. It includes textual as well as non-textual information, as well as documents and forms that users can download and interact with both online and offline. It also includes digital forms as well as completion of identification, authentication and payment processes. This shall also apply to the functions and content provided through websites, which are external to the website concerned, for instance through the use of web-links. Content also includes social media content embedded in those websites.

Amendment 114 #

Proposal for a directive
Article 2 – point 2

(2) ‘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, and any hardware or software system that allows users to log in and communicate with the website. It includes textual as well as non-textual information, as well as documents and forms that users can download and interact with online and offline. It also includes the processing of digital forms as well as completion of identification, authentication and payment processes. Content also includes social media content embedded in those websites and authoring tools dedicated to create user-generated content.

Amendment 115 #

Proposal for a directive
Article 2 – point 2

(2) ‘'Content of websites’' means information and user interface components 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. Content of websites includes textual as well as non-textual information, the downloading of documents and forms as well as two-way interaction such as the processing of digital forms and the completion of authentication, identification and payment processes. Content of websites also includes functions provided through websites, which are external to the website concerned, for instance, through the use of web-links, on the condition that the external website is the only means by which the information and service is provided to the user. Content also includes social media content embedded in those websites, if possible, as well as authoring tools used to create content in those websites.

Amendment 116 #

Proposal for a directive
Article 2 – point 2 a (new)

(2a) 'Authoring tools' means any software that can be used to produce web content, including user-generated content. Authoring tools include, but are not limited to, web page authoring tools, software to edit source code or markup, software to update portions of web pages (e.g., blogging, wikis, online forums) and so on.

Amendment 117 #

Proposal for a directive
Article 2 – point 2 a (new)

(2a) 'Authoring tools' means any software that can be used to create web content, including user-generated content. Authoring tools include, but are not limited to, web page authoring tools, software to edit source code or markup, software to update portions of web pages (e.g., blogging, wikis, online forums) and so on.

Amendment 118 #

Wim van de CAMP

Proposal for a directive
Article 2 – point 2 a (new)

(2a) 'Authoring tools' include any software that can be used to produce web content, including user-generated content. Authoring tools include, but are not limited to, web page authoring tools, software to edit source code or markup, software to update portions of web pages (e.g. blogging, wikis, online forums,) and so on.

Amendment 119 #

Proposal for a directive
Article 2 – point 2 a (new)

(2 a) 'Authoring tools' include any software that can be used to produce web content, including user-generated content. Authoring tools include, but are not limited to, web page authoring tools, software to edit source code or markup, software to update portions of web pages, (e.g. blogging, wikis, online forums).

Amendment 120 #

Proposal for a directive
Article 2 – point 3

(3) ‘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, regardless of the device used to interact with content. If a mobile application designed by the website owners offers the same or an enhanced set of services as the website itself, the present definition does apply to the interface and operation of such mobile applications.

Amendment 121 #

Wim van de CAMP

Proposal for a directive
Article 2 – point 3

Amendment 122 #

Proposal for a directive
Article 2 – point 3

(3) ‘'User agent’' means any software that retrieves and presents website contents for users, including web browsers, media players, plug-ins, and other programs that help in retrieving, rendering, and interacting with website content, regardless of the device used to interact with content. If a mobile device offers the same or an enhanced set of services as the website concerned, this definition shall also apply to the interface and operation of such mobile applications.

Amendment 123 #

Proposal for a directive
Article 2 – point 3

(3) ‘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. This should be applicable regardless of the device used to interact with content. If a mobile application designed by the website owners offers the same or an enhanced set of services as the website itself, the present definition does apply to the interface and operation of such mobile applications.

Amendment 124 #

Proposal for a directive
Article 2 – point 8

(8) ‘'Public sector body’' means ~~the State, regional or local authoriti~~entities performing public tasks. It includes, bodies governed by public law as defined in Article 1 (9) of Directive 2004/18/EC, and a~~ssociations formed by one or several such authorities or one or several such bodies governed by~~ll entities which were entrusted or assigned by the aforementioned bodies to perform public ~~law~~tasks.

Amendment 125 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8a) 'Websites belonging to public sector bodies' means websites developed, procured, maintained or co-financed by public sector bodies or co-financed by Union funds.

Amendment 126 #

Proposal for a directive
Article 2 – point 8 a (new)

(8a) ‘general-interest service’ means a service which Member States’ public authorities class, at national, regional or local level, as being of general interest and therefore subject to specific public service obligations.

Amendment 127 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8a) 'Web-accessibility' means principles and techniques to be observed when constructing websites concerned in order to render the content and functionalities of those websites accessible to all users, including people with disabilities. Web- accessibility refers in particular to principles and techniques that enhance users' perception, navigation, operation, interaction and understanding, and allows the use of assistive technology or augmentative and alternative communication.

Amendment 128 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8a) 'Web-accessibility' means principles and techniques to be observed when constructing websites concerned in order to render the content of those websites accessible to all users, including people with disabilities and elderly persons. Web- accessibility refers in particular to principles and techniques that enhance users' perception, navigation, operation, interaction and understanding, and includes the use of assistive technology, sign language, or augmentative and alternative communication. 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.

Amendment 129 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8a) 'Assistive technology' means any item, piece of equipment, or product system, acquired commercially as such as well as financed by Union budget or Funds as a pilot project or distributed by the Government, or modified, or customised, and used to increase, maintain, or improve the functional capabilities of persons with disabilities

Amendment 130 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8a) 'Assistive technology' means any item, piece of equipment, or product system, acquired as such, or modified, or customised, and used to increase, maintain, or improve the functional capabilities of persons with disabilities.

Amendment 131 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8a) "Universal design" means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. "Universal design" shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

Amendment 132 #

Proposal for a directive
Article 3 – paragraph 1 – introductory part

1. Member States shall take the necessary measures to ensure that the websites concerned are made accessible free of charge using neutral technology

Amendment 133 #

Proposal for a directive
Article 3 – paragraph 1 – point a

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

Amendment 134 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Angelika WERTHMANN

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) in a consistent and adequate way for users' perception, operation and understanding, including persons with disabilities, and for elderly persons, as well as the adaptability of content presentation and interaction, when necessary, providing an accessible electronic alternative;

Amendment 135 #

Proposal for a directive
Article 3 – paragraph 1 – point a

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

Amendment 136 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) in a way which ~~facilitat~~ensures interoperability with a variety of user agents and assistive technologies at Union and international level.

Amendment 137 #

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

(ba) through a universal design approach.

Amendment 138 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall apply the provisions of paragraph 1 by 31 ~~December~~January 2015 at the latest for all new content of websites concerned and by 1 January 20157 at the latest for all legacy content.

Amendment 139 #

Proposal for a directive
Article 3 – paragraph 2

Amendment 140 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall apply the provisions of paragraph 1 by 31 ~~December~~January 2015 at the latest for all new content websites concerned and by 1 January 20157 at the latest for all legacy content.

Amendment 141 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall apply the provisions of paragraph 1 ~~by 31 December 2015 at the lates~~in accordance with their administrative, institutional and legal framework to all websites belonging to public sector bodies by 31 December 2015 at the latest for all new content of websites and by 31 December 2017 at the latest for all legacy content.

Amendment 142 #

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. A two-year transitional period shall be introduced for live broadcasting because of technological reasons.

Amendment 143 #

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. In keeping with Article 2 of the United Nations Convention on the Rights of Persons with Disabilities, ‘universal design’ means the design of products, environments, programmes and services to be usable by all people, to the greatest possible extent, without the need for adaptation or specialised design. Universal design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

Amendment 144 #

Proposal for a directive
Article 3 – paragraph 3 b (new)

3b. Information on accessibility and all other information provided to consumers shall be set out in accessible formats, taking their preferences fully into account.

Amendment 145 #

Proposal for a directive
Article 3 – paragraph 3 c (new)

3c. Within the limits of their respective activities, website owners shall provide consumers with relevant information so that they can assess the degree of website accessibility.

Amendment 146 #

Proposal for a directive
Article 4 – paragraph 1

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. The Commission and the relevant authorities in the Member States shall be responsible for applying the standards.

Amendment 147 #

Proposal for a directive
Article 5 – paragraph 3

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: 2012~~international recommendations WCAG 2.0. 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.

Amendment 148 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall ~~promot~~ensure 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. A draft model of information concerning accessibility is annexed to this directive.

Amendment 149 #

Proposal for a directive
Article 6 – paragraph 1

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

Amendment 150 #

Proposal for a directive
Article 6 – paragraph 2

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. The Member States shall introduce a legal requirement to ensure that public bodies developing websites and other interested parties are made aware of web- accessibility. Furthermore, it shall be mandatory for the Member States to offer training schemes for the staff of public bodies, with a view to improving the practical application of web-accessibility requirements.

Amendment 151 #

Proposal for a directive
Article 6 – paragraph 2 – point a (new)

(a) By providing support for establishing or appointing an existing competent public authority to monitor website compliance with the general accessibility requirements laid down in Article 3;

Amendment 152 #

Proposal for a directive
Article 6 – paragraph 2 – point b (new)

(b) Each Member State shall lay down the tasks and powers of the competent authority, including provision for non- governmental associations and organisations representing disabled persons to lodge complaints with it in order to challenge any violation of legislation.

Amendment 153 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Angelika WERTHMANN

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Member States shall urge on new ICT solutions which are user-friendly and intended for persons with disabilities and elderly people, and shall promote training and education to increase their digital knowledge.

Amendment 154 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Member States shall promote and support web-accessibility training programmes to key stakeholders, including civil servants and staff of public bodies and authorities and organisations providing basic services to the public to create, manage and update web pages, including their content.

Amendment 155 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Member States shall engage in awareness raising activities of the requirements of web-accessibility and the benefits to users, in order to encourage the development of accessible design in websites in the private and NGO sectors.

Amendment 156 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Member States shall promote and support web accessibility with training programmes for key stakeholders, staff of public bodies and organisations who provide basic services to the public to create, manage and update web pages including their content.

Amendment 157 #

Proposal for a directive
Article 6 – paragraph 2 b (new)

2b. Member States shall promote and support training for web-accessibility to relevant and appropriate stakeholders, including civil servants, employees of public bodies, authorities and organisations which provide basic services to the public to create, manage and update web pages and content.

Amendment 158 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States shall support ~~appropriate~~the establishment of compulsory mechanisms for consultations on web- accessibility with relevant stakeholders, such as end-users and their representative organisations, and make public any developments in web- accessibility policy together with the experiences and findings from the implementation of conformity of web- accessibility requirements.

Amendment 159 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Article 6 – paragraph 4

4. Member States shall cooperate at Union level with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities, with facilitation by the Commission, in order to review, for the purpose of ~~the annual~~every two years reporting referred to in Article 7~~(4)~~a, market and technological developments and progress in web- accessibility and to exchange best practices.

Amendment 160 #

Proposal for a directive
Article 6 – paragraph 4

4. Member States shall cooperate at Union level with industry, social partners 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. A particular attention shall be granted to the competitiveness of companies in the sector, especially of SMEs, so as no extra burdens are imposed on their functioning.

Amendment 161 #

Proposal for a directive
Article 6 – paragraph 4

4. Member States shall cooperate ~~at Union level~~ with industry and civil society stakeholders, at a national, and with facilitation by the Commission, at a Union level, 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.

Amendment 162 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. The Commission shall make proposals to the EU institutions with a view to amending legislation so that it complies with the requirements of this Directive.

Amendment 163 #

Proposal for a directive
Article 6 – paragraph 4 b (new)

4b. In each Member State, a public body shall be established that is responsible for applying the law. That body shall become an accessibility resource centre to help public authorities ensure that their websites are accessible, enabling the most representative organisations for disabled people and their families to participate.

Amendment 164 #

Proposal for a directive
Article 6 – paragraph 4 c (new)

4c. The social partners shall participate in the development and application of the above training and awareness-raising schemes.

Amendment 165 #

Proposal for a directive
Article 6 a (new)

Article 6a Enforcement body and its tasks 1. Each Member State shall establish or nominate one authority responsible for the enforcement of this Directive and competent to monitor the compliance of websites with the general accessibility requirements set in Article 3 and arrange for such authorities to have and use the necessary human and financial resources and powers to take the appropriate measures incumbent upon them under this Directive. Those competent authorities shall involve organizations representing persons with disabilities. 2. Each Member State shall define the tasks, powers, organization and cooperation arrangements of the competent authorities, in accordance with Article 7, including the possibility for non-governmental organizations and consumer associations representing persons with disabilities to lodge a complaint with these latter in order to challenge any breach of obligation imposed to Member States by this Directive. 3. Member States shall keep the Commission informed about their implementing measures related to paragraph 2, and the Commission shall pass on such information to the other Member States. 4. The enforcement body shall report about the implementation measures related to Article 2 to its national competent authority.

Amendment 166 #

Proposal for a directive
Article 6 a (new)

Article 6a Enforcement body and its tasks 1. Each Member State shall establish or nominate one authority responsible for the enforcement of this Directive and competent to monitor the compliance of websites with the general accessibility requirements set in Article 3 and arrange for such authorities to have and use the necessary human and financial resources and powers to take the appropriate measures incumbent upon them under this Directive. These competent authorities shall involve organizations representing persons with disabilities. 2. Each Member State shall define the tasks, powers, organization and cooperation arrangements of the competent authorities, in accordance with Article 7, including the possibility for non-governmental organizations and consumer associations representing persons with disabilities to lodge a complaint with these latter in order to challenge any breach of obligation imposed to Member States by this Directive. 3. Member States shall keep the Commission informed about their implementing measures related to paragraph 2, and the Commission shall pass on such information to the other Member States. 4. The enforcement body shall report about the implementation measures related to Article 2 to its national competent authority.

Amendment 167 #

Proposal for a directive
Article 6 a (new)

Amendment 168 #

Proposal for a directive
Article 6 a (new)

Article 6a Complaint procedure (1) Any entity (natural or legal person) considering that this Directive has been infringed may bring the matter to the attention of the owners of the relevant website. (2) Should the entity be unable to obtain satisfaction, a complaint may be lodged with the competent authority appointed in accordance with Article 6(2)(a).

Amendment 169 #

Proposal for a directive
Article 6 b (new)

Article 6b Implementing and enforcement measures For the purposes of this Directive, and in particular of Article 1(2) thereof, the competent authorities of the Member States shall be entitled to take, inter alia, the measures listed below, where appropriate: (a) for any website: (i) follow up on a complaint for inaccessibility of a website in a reasonable timeframe (ii) act as a resource centre for public bodies and authorities (iii) train civil servants and staff of public bodies and authorities to accessibility of websites and of web-based services. (iiii) give recommendations to implement this Directive (b) for any websites that fails to provide full accessibility: (i) where the failure to provide full accessibility is compatible with this Directive, to require that it be marked with suitable, clearly worded and easily comprehensible warnings, in the official languages of the Member States in which the website is used, on the barriers to accessibility it may represent.

Amendment 170 #

Proposal for a directive
Article 6 b (new)

Amendment 171 #

Proposal for a directive
Article 6 b (new)

Article 6b Implementing and enforcement measures For the purposes of this Directive, the competent authorities of the Member States shall be entitled to take, inter alia, the measures listed below, where appropriate: (i) follow up on a complaint for inaccessibility of a website in a reasonable timeframe; (ii) act as a resource centre for public bodies and authorities; (iii) train civil servants and staff of public bodies and authorities in regard to accessibility of websites and of web-based services; (iv) give recommendations to implement this Directive.

Amendment 172 #

Proposal for a directive
Article 7 – paragraph 1

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. For that purpose each Member State should designate a competent authority. This competent authority shall also be responsible for the enforcement of this Directive and shall have the resources necessary to carry out its task. These competent authorities shall involve organisations representing persons with disabilities. Each Member State shall define the tasks, powers, organisation and cooperation arrangements of the competent authority. Member States should inform the Commission about the designated competent authorities by 30 June 2014. Member States shall keep the Commission informed as to the compliance of relevant websites and such information will be publicly available.

Amendment 173 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Article 7 – paragraph 1 a (new)

1a. Member States shall take the measures necessary to accessibly inform the users or other interested parties of the possibility of lodging complaints, referred to in subparagraph 1 to the designated competent authority. The lodging of the complaints must be made possible in an accessible manner.

Amendment 174 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

1a. The Commission shall establish a working group consisting of representatives of the Commission and representatives appointed by the Member States to meet annually in order to discuss about the results of the monitoring and exchange best practices regarding the implementation of this Directive. This working group shall actively involve relevant stakeholders, including persons with disabilities and their representative organisations.

Amendment 175 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

Amendment 176 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

1a. The Commission may establish a working group consisting of representatives of the Commission and representatives appointed by the Member States to meet annually in order to discuss the results of the monitoring and exchange best practices regarding the implementation of this Directive. The working group shall involve relevant stakeholders, including persons with disabilities and/or their representative organisations.

Amendment 177 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

1a. The Commission shall create a regular working group to monitor the implementation and exchange best practices of this Directive. The working group should consist of representatives appointed by Member States, from the Commission, and from civil society.

Amendment 178 #

Proposal for a directive
Article 7 – paragraph 4

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. That methodology shall be transparent, transferable, comparable and reproducible and it shall be established in close consultation with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities. 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. no later than a year after the adoption of this Directive.

Amendment 179 #

Proposal for a directive
Article 7 – paragraph 4

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. That methodology shall be transparent, transferable, comparable and reproducible and it shall be established in close consultation with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities. 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 no later than a year after the adoption of this Directive.

Amendment 180 #

Proposal for a directive
Article 7 – paragraph 4

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. That methodology shall be transparent, transferable, comparable and reproducible and it shall be established in close consultation with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities. 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 no later than a year after the adoption of this Directive.

Amendment 181 #

Proposal for a directive
Article 7 – paragraph 4

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. That methodology shall be transparent, transferable, comparable and it shall be established in close consultation with relevant organisations representing persons with disabilities. 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.

Amendment 182 #

Proposal for a directive
Article 7 – paragraph 4

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)~~specified in Article 5 of Regulation (EU) No 182/2011. The methodology will be published in the Official Journal of the European Union.

Amendment 183 #

Proposal for a directive
Article 7 – paragraph 5 – point b a (new)

(ba) in accordance with methodology of research which combines experts analysis with user experience, including users with disabilities.

Amendment 184 #

Proposal for a directive
Article 7 – paragraph 6

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)~~specified in Article 4 of Regulation (EU) No 182/2011.

Amendment 185 #

Proposal for a directive
Article 7 – paragraph 6 a (new)

6a. The Member States shall make public, in an easily accessible manner, the list of public body websites that are not accessible.

Amendment 186 #

Proposal for a directive
Article 7 a (new)

Article 7a Reporting 1. Member States shall every two years report to the Commission on the outcome of the monitoring carried out in accordance with Article 7 including in relation to the measurement data and, where appropriate, the list of the websites referred to in Article 1(3). That report shall be made public in readily accessible formats. 2. That report shall also cover the actions carried out pursuant to Article 6 including possible general conclusions drawn by relevant competent authorities on the basis of the monitoring. 3. 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).

Amendment 187 #

Proposal for a directive
Article 8 – paragraph 5 a (new)

5a. Disabled persons and organisations representing them shall be involved in any fresh action taken to lay down web accessibility requirements as referred to in Article 3(1).

Amendment 188 #

Proposal for a directive
Article 9 – paragraph 2

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

Amendment 189 #

Proposal for a directive
Article 9 – paragraph 3

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

Amendment 190 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 3~~0 June~~1 December 20145 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.

Amendment 191 #

Proposal for a directive
Article 10 – paragraph 1 a (new)

1a. Member States shall apply the measures referred to in Article 3(1) in accordance with their administrative, institutional and legal framework to all websites: (a) belonging to public sector bodies at national level by 31 December 2015; (b) belonging to public sector bodies at regional level or to cities with more than 100 000 inhabitants by 31 December 2016; (c) belonging to public sector bodies at local level with fewer than 100 000 inhabitants by 31 December 2017; (d) operated by entities providing basic services to the public (the types of which are specified in the Annex) by 31 December 2017.

Amendment 192 #

Proposal for a directive
Article 10 – paragraph 1 a (new)

1a. Member States shall apply the measures referred to in Article 3(1) to any new websites or websites that are redesigned as from the end of the transposition period of this Directive.

Amendment 193 #

Proposal for a directive
Article 10 – paragraph 1 b (new)

1b. Member States shall apply the measures referred to in Article 3(1) to any existing websites by 30 June 2016.

Amendment 194 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. In case of the application of Art 3(3) Member States attach a statement to inform website's users what part of the website is still not accessible and why. Member States also communicate this information to the Commission.

Amendment 195 #

Proposal for a directive
Article 10 – paragraph 1a (new)

1a. Member States shall apply the measures referred to in Article 3(1) in accordance with their administrative, institutional and legal framework to every new website belonging to the public sector once this Directive enters into force, as well as to all websites: (a) belonging to public sector bodies' at national and federal level by 31 December 2015, (b) belonging to public sector bodies' at regional level or addressing urban centres over 100.000 citizens by 31 December 2016, (c) belonging to public sector bodies at local level by 31 December 2017 (d) operated by entities providing services of general interest to the public by 31 December 2017, the types of which are specified in the Annex.

Amendment 196 #

Proposal for a directive
Article 11

The Commission shall carry out a review of the application of this Directive within t~~hree~~wo years from its entry into force and shall make the findings of this review public.

Amendment 197 #

Proposal for a directive
Annex – subheading 1

(as referred to in Article 1(2)(a))

Amendment 198 #

Proposal for a directive
Annex – point 1 a (new)

(1a) National, regional and administrative services: legal certificates, personal documents, declaration to police, legal support, elections, online dispute resolution services.

Amendment 199 #

Proposal for a directive
Annex – point 2 a (new)

(2a) Social services of general interest: social security, employment and training services, social housing, child care, long- term care, social assistance services.

Amendment 200 #

Proposal for a directive
Annex – point 3

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

Amendment 201 #

Proposal for a directive
Annex – point 3 a (new)

(3a) Network services: gas, electricity, water, postal services, telecommunications.

Amendment 202 #

Proposal for a directive
Annex – point 4

(4) Personal documents:, e.g. passports or, driving license

Amendment 203 #

Proposal for a directive
Annex – point 6 a (new)

(6a) Transport-related services

Amendment 204 #

Proposal for a directive
Annex – point 6 a (new)

(6a) Primary, secondary, higher and lifelong education, as well as extracurricular courses or activities offered by public institutions.

Amendment 205 #

Proposal for a directive
Annex – point 7 a (new)

(7a) Banking and insurance services

Amendment 206 #

Proposal for a directive
Annex – point 10

(10) ~~Enrolment in higher education or university~~Primary, secondary, higher and adult education

Amendment 207 #

Proposal for a directive
Annex – point 10

(10) Enrolment in primary, secondary, higher education or university, and lifelong learning

Amendment 208 #

Proposal for a directive
Annex – point 10 a (new)

(10a) Entry to civil service competitions

Amendment 209 #

Proposal for a directive
Annex – point 10 b (new)

(10b) Entry for final examinations within secondary education

Amendment 210 #

Proposal for a directive
Annex – point 11

(11) NResidence and notification of change of residence

Amendment 211 #

Proposal for a directive
Annex – point 11 a (new)

(11a) Tourist offices' information services

Amendment 212 #

Proposal for a directive
Annex – point 12

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

Amendment 213 #

Proposal for a directive
Annex – point 12

(12) Health-related services: including access to electronic health records, interactive advice on the availability of services, online services for patients, appointments.

Amendment 214 #

Proposal for a directive
Annex – point 12

(12) Health-related services:, e.g. interactive advice on the availability of services, online services for patients, appointments.

Amendment 215 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 a (new)

(12a) Gas, heating, electricity, water services

Amendment 216 #

Proposal for a directive
Annex – point 12 a (new)

(12a) Gas, heat, electricity, water services

Amendment 217 #

Proposal for a directive
Annex – point 12 a (new)

(12a) Cultural and scientific entities' websites

Amendment 218 #

Proposal for a directive
Annex – point 12 a (new)

(12a) Basic media and information services (e.g. online newspapers and media libraries).

Amendment 219 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 b (new)

(12b) Transport-related services

Amendment 220 #

Proposal for a directive
Annex – point 12 b (new)

(12b) Public transport-related services

Amendment 221 #

Proposal for a directive
Annex – point 12 c (new)

(12c) Postal services

Amendment 222 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 c (new)

(12c) Primary, secondary, higher and lifelong education, as well as extracurricular courses or activities offered by public institutions

Amendment 223 #

Proposal for a directive
Annex – point 12 c (new)

(12c) Basic banking and insurance services (such as basic payment account, home contents and building insurance, life insurance or medical insurance

Amendment 224 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 d (new)

(12d) Electronic communication network and services

Amendment 225 #

Proposal for a directive
Annex – point 12 d (new)

(12d) Postal services

Amendment 226 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 e (new)

(12e) Services of primary, secondary and higher education.

Amendment 227 #

Proposal for a directive
Annex – point 12 e (new)

(12e) Basic banking and insurance services (such as basic payment accounts, home contents and building insurance, life insurance and medical insurance)

Amendment 228 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 f (new)

(12f) Statutory and complementary social security schemes in various forms (mutual or occupational), covering the main risks of life, such as those linked to health, ageing, occupational accidents, unemployment, retirement and disability

Amendment 229 #

Proposal for a directive
Annex – point 12 f (new)

(12f) Services of statutory and complementary social security schemes, organised in various ways (mutual or occupational organisations), covering the main risks of life, such as those linked to health, ageing, occupational accidents, unemployment, retirement and disability.(7) Childcare services

Amendment 230 #

Proposal for a directive
Annex – point 12 g (new)

(12g) Childcare services

Amendment 231 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH

Proposal for a directive
Annex – point 12 g (new)

(12g) Public information

Amendment 232 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 h (new)

(12h) Other essential services provided directly to the public to facilitate social inclusion and safeguard fundamental rights (such as assistance services to people facing personal crises such as debt or unemployment, reintegration or rehabilitation services and social housing services for disadvantaged citizens or socially less advantaged groups)

Amendment 233 #

Proposal for a directive
Annex – point 12 h (new)

(12h) 112 Emergency services

Amendment 234 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 i (new)

(12i) Public education

Amendment 235 #

Proposal for a directive
Annex – point 12 i (new)

(12i) Local, regional, national and European elections

Amendment 236 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Annex – point 12 j (new)

(12j) Social networks

Amendment 237 #

Proposal for a directive
Annex – point 12 j (new)

(12j) Cultural activities

Amendment 238 #

Proposal for a directive
Annex – point 12 k (new)

(12k) Cultural activities and centres

Amendment 239 #

Proposal for a directive
Annex – point 12 l (new)

(12l) Information and tourist information

Amendment 240 #

Proposal for a directive
Annex I a (new)

Types of general-interest service providers’ websites (as referred to in Article 1(2)(b)) (1) Transport services (2) Postal services (3) Information services in connection with electoral processes (4) Energy supply services (5) Communications services (6) Basic banking services (7) Health services

Amendment 55 #

Proposal for a directive
Title 1

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the accessibility of public sector bodies' websites and of general-interest service providers’ websites

Amendment 56 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Angelika WERTHMANN

Proposal for a directive
Recital 1

(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. In this respect, the security of transmission of information and the protection of personal data are of great importance.

Amendment 57 #

Proposal for a directive
Recital 2

(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. The provisions of this Directive must be applicable not only to the service itself but also to the entire website on which the service is being provided. Smartphone and tablet apps offering services provided on public bodies’ websites must be explicitly covered by this Directive.

Amendment 58 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Angelika WERTHMANN

Proposal for a directive
Recital 2

(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 paymentscluding persons with disabilities and elderly people.

Amendment 59 #

Proposal for a directive
Recital 2

Amendment 60 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Recital 2 a (new)

(2 a) This web-accessibility, specifically a commitment to make all public websites accessible by 2010, was included in the 2006 Riga EU Ministerial Declaration on an inclusive information society;

Amendment 61 #

Proposal for a directive
Recital 3

(3) The Commission's eGovernment Action Plan 2011-2015 calls for action to develop eGovernment services that ensure inclusiveness and accessibility. At the same time, more efforts are needed for the effective implementation of the e- Inclusion policy, which aims at reducing gaps in ICT usage and promoting the use of ICT to overcome exclusion, and improve economic performance, employment opportunities, quality of life, social participation and cohesion, including democratic consultations.

Amendment 62 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Recital 3

(3) The Commission's eGovernment Action Plan 2011-2015 calls for action to develop eGovernment services that ensure inclusiveness and accessibility. Furthermore, with the Riga Declaration of 2006, the Member States pledged to improve the accessibility of public sector bodies’ websites.

Amendment 63 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Recital 4

(4) In its Communication ‘entitled 'A Digital Agenda for Europe’', a Europe 2020 initiative, the Commission announced that public sector websites should be fully accessible by 2015.

Amendment 64 #

Proposal for a directive
Recital 4 a (new)

(4a) It is highly important to increase of synergies between flagships initiatives such as "Digital Agenda for Europe", "New skills and jobs", "Innovation Union", "Youth on the move", "Resource-efficient Europe" and "European Platform Against Poverty and Exclusion".

Amendment 65 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Recital 6

(6) 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, sign languages, including the Internet.’"

Amendment 66 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Recital 6 a (new)

(6a) The universal design should serve as a basis for new technologies, where 'universal design' is defined as the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design1. __________________ 1 UN Convention on the Rights of Persons with Disabilities, Art.2.

Amendment 67 #

Proposal for a directive
Recital 7

(7) The European Disability Strategy 2010- 2020, which aims to break down the barriers that prevent persons with disabilities from participating in society on an equal basis, 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.’

Amendment 68 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Recital 8 a (new)

(8a) The European Parliament resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010- 20201 stresses that innovative and knowledge-based economies cannot develop without accessible content and forms for people with disabilities governed by binding legislation, such as accessible websites for the blind and subtitled contents for the hard of hearing, including mass media services, online services for people using sign languages, smart phone applications and tactile and vocal aids in public media2. __________________ 1 OJ C 131 E, 8.5.2013, p. 9

Amendment 69 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Recital 9

Amendment 70 #

Proposal for a directive
Recital 9

(9) 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. In this respect, of a great importance are the efforts made in the framework of the Grand Coalition for Digital Jobs, which is a follow-up to the Employment Package, and addresses ICT specialists and aims to respond to the skills gaps, including literacy and working skills, in the ICT sector.

Amendment 71 #

Proposal for a directive
Recital 13

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

Amendment 72 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Recital 13

(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 would foster interoperability. ~~By using accessibility requirements which are technology neutral, innovation~~Member States should encourage the use of adequate and interoperable accessibility requirements when tendering out website contents. Technology neutral accessibility requirements will not be hampered innovation and may possibly even be stimulated them.

Amendment 73 #

Proposal for a directive
Recital 15

(15) Citizens should benefit from wider access to online public sector services and should receive services and information which will facilitate their daily lives and 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.

Amendment 74 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI

Proposal for a directive
Recital 15 a (new)

(15a) Online services are playing an increasingly important role in society. The Internet is a key tool for access to information and education and for engaging in society. Accordingly, in the interests of social inclusion, there must be universal accessibility to public sector bodies' websites, as well as to websites providing basic services for the public, e.g. to important news pages and media libraries, banking services (online banking) and interest group information and services.

Amendment 75 #

Proposal for a directive
Recital 16

(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 and shall be platform independent at the end users.

Amendment 76 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ

Proposal for a directive
Recital 16 a (new)

(16a) The web-accessibility requirements should be implemented as a universal design approach, rather than developing separate, specialised or adapted designs, and the design of products, environments, programmes and services should be to the greatest extent possible usable for any person, in line with Article 9 of the UN Convention on the Rights of Persons with Disabilities;

Amendment 77 #

Proposal for a directive
Recital 18

(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. In addition to that, new and innovative pilot projects shall be used in this sense, for example in the field of sign language from 2013 based on the European Parliament's financing decision of 6 June 2013 to have allocated a budget of EUR 750,000 for further development.

Amendment 78 #

Proposal for a directive
Recital 18 a (new)

(18a) It is essential that all parties concerned can continue to have unfettered access, free of charge, to the relevant standards and that the responsibility for the application and subsequent development of those standards does not lie exclusively with standards bodies and businesses.

Amendment 79 #

Proposal for a directive
Recital 19

(19) The Directive should aim at ensuring that certain types of public sector bodies' websites and of websites of certain general-interest service providers that are essential to the public are made accessible according to common requirements. Such types were identified in the 2001 E- government benchmarking exercise and have been used as a basis for the list in the Annex.

Amendment 80 #

Proposal for a directive
Recital 19

(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 requirements. Such types were identified in the 2001 E-government benchmarking exercise and have been used as a basis for the list in the Annex. The deadlines for complying with the requirements laid down in this Directive must be staggered so that its scope can be widened to include all public body websites providing services directly to the public.

Amendment 81 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI

Proposal for a directive
Recital 20

(20) This Directive lays down web- accessibility requirements for certain types of public sector bodies' websites and of websites of certain general-interest service providers. 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.

Amendment 82 #

Proposal for a directive
Recital 21

(21) The Commission has already issued a mandate M/376 to 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. It should be recalled that, in accordance with the progress report issued by the Council on 24 May 2013, 23 Member States have already developed their national web accessibility policies and standards.

Amendment 83 #

Jorgo CHATZIMARKAKIS

Proposal for a directive
Recital 21 a (new)

(21a) In the preparation and potential future revisions of the relevant European and harmonised standards, the responsible European Standardisation Organisations should be strongly encouraged to ensure coherence with the relevant international standards (currently ISO/IEC 40500), in order to avoid any fragmentation and legal uncertainty;

Amendment 84 #

Proposal for a directive
Recital 23

(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 Society. Ensuring that the WCAG 2.0 are technologically neutral will help keep this Directive relevant in the future.

Amendment 85 #

Proposal for a directive
Recital 24

(24) The conformity with web-accessibility requirements should be continuously monitored from the initial construction of the public sector bodies' website and the website of certain general-interest service providers to all subsequent updates of ~~its~~their 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.

Amendment 86 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Recital 24

(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~~every two years on the outcome of the monitoring and more generally on the list of actions taken in application of this Directive.

Amendment 87 #

Proposal for a directive
Recital 24

Amendment 88 #

Proposal for a directive
Recital 24

(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. The methodology used to monitor the compliance of the websites concerned should be issued not later than one year after the adoption of this Directive. 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.

Amendment 89 #

Proposal for a directive
Recital 24 a (new)

(24a) The methodology used to monitor the compliance of the websites concerned with the requirements for web- accessibility on a continuous basis should be issued not later than one year after the adoption of this Directive.

Amendment 90 #

Proposal for a directive
Recital 24 a (new)

Amendment 91 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI

Proposal for a directive
Recital 24 a (new)

Amendment 92 #

Proposal for a directive
Recital 25

(25) 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 which would contribute to economic growth and employment.

Amendment 93 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Ildikó GÁLL-PELCZ, Angelika WERTHMANN

Proposal for a directive
Recital 27

(27) 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. Special attention should be paid to the composition of the committee referred to in this Directive with regard to the participation of persons with disabilities.

Amendment 94 #

Proposal for a directive
Recital 28

(28) Since the objective of this Directive, namely, the establishment of a harmonised market for the accessibility of public sector bodies' websites and of websites of certain general-interest service providers, 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,

Amendment 95 #

Proposal for a directive
Recital 28

(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. Adopting a harmonised approach to web-accessibility throughout the EU would cut costs for website development companies and therefore also for the public bodies that use their services. In future, access to information and services provided via websites will be increasingly important for the public in exercising their fundamental rights, including access to employment,

Amendment 96 #

Proposal for a directive
Article 1 – paragraph 1

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, and of websites of certain general-interest service providers, to all users, in particular people with functional limitations including persons with disabilities.

Amendment 97 #

Ádám KÓSA, Tamás DEUTSCH, Zoltán BAGÓ, Philippe BOULLAND, Roberta ANGELILLI, Jan KOZŁOWSKI, Dieter-Lebrecht KOCH, Angelika WERTHMANN

Proposal for a directive
Article 1 – paragraph 1

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

Amendment 98 #

Proposal for a directive
Article 1 – paragraph 2

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. The list in the Annex shall require constant updating in line with technological progress and the digitalisation of the public sector throughout the EU.

Amendment 99 #

Proposal for a directive
Article 1 – paragraph 2

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.

source: PE-514.740

2013/09/23 CULT 35 amendments...

Amendment 11 #

Proposal for a directive
Title

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the accessibility of public sector bodies' websites and of the websites of providers of services of general economic interest (Text with EEA relevance)

Amendment 12 #

Proposal for a directive
Recital 2

(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 ~~disabilitie~~special needs. The content of websites includes textual as well as non-textual information, and also the downloading of forms and various types of document and two-way interaction, e.g. the processing of digital forms, authentication, and transactions like case handling and payments.

Amendment 13 #

Proposal for a directive
Recital 8 a (new)

(8a) The Digital Agenda for Europe stresses that positive action to help people with a disability to access cultural content is key to full enjoyment of European citizenship and calls for full implementation of the memorandum of understanding on digital access for people with a disability. The production of documents, such as reports, books and legislative texts, made available on public sites in such a way as to make them fully accessible, can make a major contribution towards meeting this objective and promote the development of skills and service providers within the EU, alongside the support for the private sector that has been called for with a view to encouraging investment in this area.

Amendment 14 #

Proposal for a directive
Recital 11 a (new)

(11a) The existence of 28 different intellectual property rights management systems is an additional burden on suppliers of web-accessibility software seeking to expand their business beyond their domestic market.

Amendment 15 #

Proposal for a directive
Recital 11 b (new)

(11b) The guarantee of net neutrality is essential for public sector websites to remain accessible now and in the future, and for the internet to be open.

Amendment 16 #

Proposal for a directive
Recital 13

(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 would foster interoperability. By using accessibility requirements which are technology neutral and based on open standards, innovation will not be hampered and may possibly even be stimulated.

Amendment 17 #

Proposal for a directive
Recital 13

(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 would foster interoperability. By using accessibility requirements which are technology neutral, innovation will not be hampered and may possibly even be stimulated. In particular, non-proprietary international standards should be adopted, covering both content production and the means used to catalogue and identify content.

Amendment 18 #

Proposal for a directive
Recital 13

(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 would foster interoperability. By using accessibility requirements which are technology neutral, innovation will not be hampered and may possibly even be stimulated. By guaranteeing net neutrality in Union law, competition and innovation would be better safeguarded.

Amendment 19 #

Proposal for a directive
Recital 14

(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 and further the completion of the digital single market. 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.

Amendment 20 #

Proposal for a directive
Recital 15

(15) Citizens should benefit from wider access to online public sector services and be able to access news and cultural and entertainment content enabling them to play a full part in social and working life, and should receive services and information which will facilitate their daily lives and 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.

Amendment 21 #

Proposal for a directive
Recital 15

(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, their right of access to information and their freedom of establishment and to provide services.

Amendment 22 #

Proposal for a directive
Recital 18

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

Amendment 23 #

Proposal for a directive
Article 1 – paragraph 1

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, and of the websites of providers of services of general economic interest, to all users, in particular people with functional limitations including persons with disabilities.

Amendment 24 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 25 #

Proposal for a directive
Article 1 – paragraph 2

2. It lays down the rules according to which Member States shall make accessible the content and features of websites belonging to public sector bodies or to providers of services of general economic interest, the types of which are specified in the Annex.

Amendment 26 #

Proposal for a directive
Article 1 – paragraph 3

3. Member States may extend the application of this Directive to other types of public or private sector websites than those referred to in paragraph 2.

Amendment 27 #

Proposal for a directive
Article 1 – paragraph 3

3. Member States may extend the application of this Directive to other types of public sector websites than those referred to in paragraph 2, including websites containing cultural content or educational, scientific and research information.

Amendment 28 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) in a way which facilitates interoperability on the basis of open standards with a variety of user agents and assistive technologies at Union and international level.

Amendment 29 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

1a. Member States shall ensure that the content of public sector websites is made accessible and available for re-use.

Amendment 30 #

Proposal for a directive
Article 6 – paragraph 2

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 and websites of providers of services of general economic interest beyond those concerned, in particular, to public sector bodies' websites and websites of providers of services of general economic interest covered by existing national laws or relevant measures on web- accessibility.

Amendment 31 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. Member States shall lay down penalties for failure by websites run by public bodies to comply with the accessibility requirements set out in this Directive.

Amendment 32 #

Hans-Peter MARTIN

Proposal for a directive
Article 7 – paragraph 2

2. Member States shall report ~~annually on~~ one year after the publication of this Directive and then every two years 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).

Amendment 33 #

Proposal for a directive
Annex – title

Types of public sector bodies~~' websites~~’ websites and of websites of providers of services of general economic interest

Amendment 34 #

Proposal for a directive
Annex – point 3

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

Amendment 35 #

Proposal for a directive
Annex – point 4

(4) Personal documents: passports, identity cards or driving license

Amendment 36 #

Proposal for a directive
Annex – point 6

(6) Application for building permission or declaration of building work

Amendment 37 #

Proposal for a directive
Annex – point 10

(10) Enrolment in vocational and higher education or university

Amendment 38 #

Proposal for a directive
Annex – point 10

(10) Enrolment in higher education or university plus enrolment for examinations

Amendment 39 #

Proposal for a directive
Annex – point 10 a (new)

(10a) Entry to civil service competitions

Amendment 40 #

Proposal for a directive
Annex – point 10 b (new)

(10b) Enrolment in primary or secondary education and in final examinations

Amendment 41 #

Proposal for a directive
Annex – point 12 a (new)

(12a) Public transport services

Amendment 42 #

Proposal for a directive
Annex – point 12 b (new)

(12b) Public postal services

Amendment 43 #

Proposal for a directive
Annex – point 12 c (new)

(12c) Public services providing information on election procedures

Amendment 44 #

Proposal for a directive
Annex – point 12 d (new)

(12d) Public energy provision services

Amendment 45 #