Commission Implementing Decision (EU) 2018/1524 of 11 October 2018 establishing a monitoring methodology and the arrangements for reporting by Member States in accordance with Directive (EU) 2016/2102 of the European Parliament and of the Council on the accessibility of the websites and mobile applications of public sector bodies (notified under document C(2018) 6560) (Text with EEA relevance.)

This Decision establishes a methodology for monitoring the conformity of websites and mobile applications of public sector bodies with the accessibility requirements laid down in Article 4 of Directive (EU) 2016/2102. This Decision establishes the arrangements for reporting on the outcome of the monitoring, including the measurement data, by Member States to the Commission.

For the purposes of this Decision, the following definitions shall apply: (1) ‘accessible format’ means an electronic document complying with the accessibility requirements provided for in Article 4 of Directive (EU) 2016/2102; (2) ‘monitoring period’ means the period of time within which Member States shall execute the monitoring activities to verify compliance or non-compliance with the accessibility requirements of the websites and mobile applications in the sample. The monitoring period may also include the definition of the samples, the analysis of the monitoring results and arrangements for reporting to the Commission.

1 Member States shall monitor the compliance of websites and mobile applications of public sector bodies with the accessibility requirements provided for in Article 4 of Directive (EU) 2016/2102 on the basis of the methodology set out in this Decision.

2 The first monitoring period for websites shall be between 1 January 2020 and 22 December 2021. After the first monitoring period the monitoring shall be carried out annually.

3 The first monitoring period for mobile applications shall be between 23 June 2021 and 22 December 2021. In the first monitoring period, the monitoring of mobile applications shall include results based on a reduced sample for mobile applications. Member States shall use their reasonable efforts to monitor at least one third of the number established in point 2.1.5 of Annex I.

4 After the first monitoring period the monitoring of mobile applications shall be carried out annually, on a sample established in point 2.1.5 of Annex I.

5 Following the first monitoring period, the annual monitoring period for both websites and mobile applications shall be between 1 January and 22 December.

1 Member States shall monitor the compliance of websites and mobile applications of public sector bodies with the accessibility requirements provided for in Article 4 of Directive (EU) 2016/2102 on the grounds of requirements identified in the standards and technical specifications referred to in Article 6 of Directive (EU) 2016/2102.

2 Where accessibility requirements in the provisions of the legislation of a Member State exceed the requirements in the standards and technical specifications referred to in Article 6 of Directive (EU) 2016/2102, the monitoring shall be conducted in a way that provides results that distinguish between compliance with the requirements in the standards and technical specifications referred to in Article 6 of Directive (EU) 2016/2102 and the requirements exceeding those.

Member States shall monitor the conformity of websites and mobile applications of public sector bodies with the accessibility requirements provided for in Article 4 of Directive (EU) 2016/2102 using: (a) an in-depth monitoring method to verify compliance, conducted in accordance with the requirements laid down in point 1.2 of Annex I; (b) a simplified monitoring method to detect non-compliance, conducted in accordance with the requirements laid down in point 1.3 of Annex I.

Member States shall ensure that the sampling of the websites and mobile applications to be monitored is done in accordance with the requirements laid down in points 2 and 3 of Annex I.

If deficiencies have been identified, Member States shall ensure that the public sector bodies are provided with data and information on compliance with the accessibility requirements in relation to the deficiencies of their respective websites and mobile applications, within a reasonable time and in a format helping public sector bodies to correct them.

1 Member States shall submit the report referred to in Article 8(4) of Directive (EU) 2016/2102 to the Commission in an accessible format in an official language of the European Union.

2 The report shall include the outcome of the monitoring relating to the requirements in the standards and technical specifications referred to in Article 6 of Directive (EU) 2016/2102. Results related to requirements exceeding those requirements may also be included in the report and, in case they are included, shall be presented separately.

1 The report referred to in Article 8(4) of Directive (EU) 2016/2102 shall contain: (a) the detailed description of how the monitoring was conducted; (b) a mapping, in the form a correlation table, demonstrating how the applied monitoring methods relate to the requirements in the standards and technical specifications referred to in Article 6 of Directive (EU) 2016/2102, including also any significant changes in the methods; (c) the outcome of the monitoring of each monitoring period, including measurement data; (d) the information required in Article 8(5) of Directive (EU) 2016/2102.

2 In their reports, Member States shall provide the information specified in the instructions set out in Annex II.

1 The first report shall cover the first monitoring period for websites and mobile applications as set out in Articles 3(2) and (3).

2 Thereafter, the reports shall cover the monitoring periods for websites and mobile applications between the previous and the following reporting deadlines established in Article 8(4) of Directive (EU) 2016/2102.

Member States shall make the report public in an accessible format.

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.