Date: 2021-08-12Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2021/1339 of 11 August 2021 amending Implementing Decision (EU) 2018/2048 as regards the harmonised standard for websites and mobile applications (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Communications Networks
Executive Summary:
This Commission Implementing Decision EU 2021/1339 amends Implementing Decision EU 2018/2048 regarding the harmonized standard for websites and mobile applications. It updates the standard to EN 301 549 v3.2.1 202103, providing an updated presumption of conformity with accessibility requirements. The decision comes into force upon publication, with point 1 of the Annex applying from 12 February 2022.
Key Points / Main Content:
* **Amendment of Implementing Decision EU 2018/2048:**
* The annex to Implementing Decision EU 2018/2048 is amended according to the annex of this decision.
* **Harmonized Standard Update:**
* Harmonized standard EN 301 549 v2.1.2 201808 is effectively replaced by EN 301 549 v3.2.1 202103.
* EN 301 549 v3.2.1 202103 sets out technical requirements for website and mobile application accessibility.
* Standard EN 301 549 v3.2.1 202103 includes mappings providing presumption of conformity with Directive EU 2016/2102.
* **Assessment and Compliance:**
* The Commission has assessed and confirmed that EN 301 549 v3.2.1 202103 complies with the requirements set out in Implementing Decision C(2017)2585.
* **Entry into Force:**
* The decision enters into force upon publication in the Official Journal of the European Union.
* Point 1 of the Annex, regarding the deletion of row 1 and insertion of row 2, applies from 12 February 2022.
Impact Analysis:
European Commission:
* Impact: Responsible for implementing and overseeing the updated standard for website and mobile application accessibility.
* Action Required: Publish the decision in the Official Journal of the European Union and ensure the application of the updated standard.
CEN, Cenelec, and ETSI:
* Impact: Organizations responsible for developing and delivering the harmonized standard.
* Action Required: Ensure the availability and correct interpretation of EN 301 549 v3.2.1 202103.
Public Sector Bodies and Website/Mobile Application Developers:
* Impact: Must comply with the updated accessibility standards to ensure their websites and mobile applications are accessible.
* Action Required: Implement EN 301 549 v3.2.1 202103 to meet the accessibility requirements of Directive EU 2016/2102 and ensure compliance by 12 February 2022.
European Parliament and Council:
* Impact: The updated standard will be used to ensure compliance with Directive EU 2016/2102, which they enacted.
* Action Required: No direct action is required, but they should be aware of the updated standard and its implications for accessibility.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Parliament: One of the legislative branches of the European Union.
Council of the European Union: A legislative body of the European Union comprising government ministers from each member state.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining the scope of the EU's powers.
Regulation EU No 1025/2012: A regulation of the European Parliament and of the Council on European standardisation.
Directive EU 2016/2102: A directive of the European Parliament and of the Council on the accessibility of the websites and mobile applications of public sector bodies.
Commission Implementing Decision EU 2018/2048: An implementing decision by the European Commission on the harmonised standard for websites and mobile applications.
EN 301 549 v3.2.1 202103: Harmonised European standard setting out technical requirements on the accessibility of websites and mobile applications.
12.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 289/53
DECISIONS
COMMISSION IMPLEMENTING DECISION (EU) 2021/1339
of 11 August 2021
amending Implementing Decision (EU) 2018/2048 as regards the harmonised standard for websites
and mobile applications
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012on
European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC,
95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament
and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European
Parliament and of the Council(1), and in particular Article 10(6) thereof,
Whereas:
(1) In accordance with Article 6(1) of Directive (EU) 2016/2102 of the European Parliament and of the Council(2),
content of websites and mobile applications which is in conformity with harmonised standards or parts thereof, the
references of which have been published in the Official Journal of the European Union, is to be presumed to be in
conformity with the accessibility requirements covered by those standards or parts thereof set out in Article 4 of
that Directive.
(2) On the basis of Implementing Decision C(2017) 2585, CEN, Cenelec and ETSI amended the harmonised standard
EN 301 549 v2.1.2 (2018-08), the references of which are included in the Annex to Commission Implementing
Decision (EU) 2018/2048(3). That resulted in the adoption of the amending harmonised European standard, EN
301 549 v3.2.1 (2021-03). The harmonised European standard EN 301 549 v3.2.1 (2021-03) sets out, among
others, technical requirements on the accessibility of websites and mobile applications and contains a mapping of
the relevant provisions from the standard to the accessibility requirements set out in Article 4 of Directive (EU)
2016/2102.
(3) The harmonised standard EN301 549 v3.2.1 (2021-03) updates, among others, the mappings in tables A.1 and A.2
of Annex A that provide the presumption of conformity with Directive (EU) 2016/2102. The standard also includes
guidance on its use in Annex E and provides further information on changes in Annex F.
(4) The Commission, together with CEN, Cenelec and ETSI, has assessed whether the relevant provisions of the
harmonised European standard EN 301 549 v3.2.1 (2021-03) delivered by CEN, Cenelec and ETSI comply with the
request set out in Implementing Decision C(2017) 2585.
(5) The result of the assessment is that the relevant provisions of the harmonised European standard EN 301 549 v3.2.1
(2021-03) satisfy the requirements which they aim to cover and which are set out in Annex II to Implementing
Decision C(2017) 2585. It is therefore appropriate to publish the reference of that standard in the Official Journal of
the European Union.
(6) Consequently, the references of the harmonised standard EN 301 549 v2.1.2 (2018-08) have to be withdrawn from
the Official Journal of the European Union, given that it has been amended by the harmonised European standard EN
301 549 v3.2.1 (2021-03).
(1) OJ L 316, 14.11.2012, p. 12.
(2) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and
mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
(3) Commission Implementing Decision (EU) 2018/2048 of 20 December 2018 on the harmonised standard for websites and mobile
applications drafted in support of Directive (EU) 2016/2102 of the European Parliament and of the Council (OJ L 327, 21.12.2018, p. 84).L 289/54 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 12.8.2021
(7) In order to give sufficient time to prepare for the application of the harmonised standard EN 301 549 V3.2.1
(2021-03), it is necessary to defer the application of the withdrawal of the harmonised standard EN 301 549 v2.1.2
(2018-08).
(8) Implementing Decision (EU) 2018/2048 should therefore be amended accordingly.
(9) Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential
requirements set out in Union harmonisation legislation from the date of publication of the reference of such
standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of
its publication,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Implementing Decision (EU) 2018/2048 is amended in accordance with the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Point (1) of the Annex shall apply from 12 February 2022.
Done at Brussels, 11 August 2021.
For the Commission
The President
Ursula VON DER LEYEN12.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 289/55
ANNEX
The table in the Annex to Implementing Decision (EU) 2018/2048 is amended as follows:
(1) row 1 is deleted;
(2) the following row 2 is inserted:
No Reference of the standard
‘2. EN 301 549 V3.2.1 (2021-03)
Accessibility requirements for ICT products and services’