Dissecting the WAD, part 9
This is a 10 parts series examining the WAD. In this 9th part of the series we look at articles nine and 10 of the directive. The previous parts of this series are:
- Part 1, covering the title and preamble
- Part 2, covering recitals 1 to 20
- Part 3, covering recitals 21 to 32
- Part 4, covering recitals 33 to 46
- Part 5 covering recitals 47 to 56
- Part 6, covering articles 1 to 6
- Part 7, covering article 7
- Part 8, covering article 8
The complete official text of the WAD is available here.
Article 9
Enforcement procedure
1. Member States shall ensure the availability of an adequate and effective enforcement procedure to guarantee compliance with this Directive, in relation to the requirements set out in Articles 4 and 5 and Article 7(1). In particular, Member States shall ensure that an enforcement procedure, such as the possibility of contacting an ombudsman, is in place to guarantee an effective handling of notifications or requests received as provided for in point (b) of Article 7(1) and to review the assessment referred to in Article 5.
2. By 23 September 2018, Member States shall inform the Commission of the body responsible for the enforcement of this Directive.
There must be an effective way enforce the compliance of public sector body websites in order ensure the correct handling of notifications about accessibility of content and mobile applications.
Article 10
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 6(4) shall be conferred on the Commission for an indeterminate period of time from 23 June 2017.
3. The delegation of power referred to in Article 6(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 6(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Legal jargon basically saying that the Commission has the right to amend the directive in order to reference a new version of the harmonised standard used to presume conformity to the WAD. It must, however, inform both the Parliament and the Council of such changes being adopted. They then have two months within which to object to the changes if they wish.