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Published on the Official Gazette n. 183 on August 8th, 2004
The published text was translated in English by the Information Systems Accessibility Office at CNIPA (National Organism for ICT in the Public Administration) with the sole aim of facilitating a better comprehension of it.
The translation does not have official status, therefore the only official text is the one published in the Official Gazette of the Italian Republic, in Italian.
THE MINISTER FOR INNOVATION AND TECHNOLOGY
Having regard to Law No 4 of 9 January 2004, laying down provisions to promote disabled access to computers, and in particular Article 11;
Having regard to Presidential Decree No 75 of 1 March 2005 on the regulation implementing Law No 4 of 9 January 2004;
Having regard to the Prime Minister’s Decree of 6 May 2005, published in Official Gazette No 117 of 11 May 2005, delegating the competence of the Prime Minister in the field of innovation and technology to Lucio Stanca, Minister without portfolio;
Having regard to Legislative Decree No 39 of 12 February 1993 laying down standards in the field of automated information systems for the public administrations, pursuant to Article 2(1) of Law No 421 of 23 October 1992 and subsequent amendments and supplements;
Having fulfilled the procedure of notification to the European Commission, pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, transposed by Law No 317 of 21 June 1986, as amended by Legislative Decree No 427 of 23 November 2000;
HEREBY DECREES
Article 1
(Definitions and scope)
1. For the purposes of this Decree, the following definitions shall be understood:
a) accessibility: the capacity of computer systems, within the forms and the limits permitted by technological knowledge, to provide services and usable information, without discrimination, including to persons who, because of a disability, require assistive technology or specific configurations;
b) operating system: all the programs and user interfaces that enable the hardware and software resources available on the computer to be used;
c) applet: an automatic program, generally written in the Java programming language, that can be inserted into a web page to provide information or functionality;
d) application: a computer program that allows the user to perform specific tasks;
e) Internet application: a program developed using Internet technology, in particular using the HTTP (HyperText Transfer Protocol) protocol to transfer data, and the markup language (X)HTML (extensible HyperText Markup Language) to present and structure information;
f) browser: a computer program that enables access to the resources present on a web site;
g) CD-ROM (Compact Disc – Read Only Memory) and DVD (Digital Versatile Disc): specific types of optical media;
h) em: a typographic unit of measurement that uses the width of the character M as a reference;
i) human factors expert: a person possessing a degree, including a three-year degree, comprising one year’s education in ergonomic disciplines such as environmental ergonomics, hardware ergonomics, cognitive ergonomics, macroergonomics, who has undertaken at least one year’s documented training;
l) expert on interaction with disabled persons: a person possessing a degree, including a three-year degree, who is an expert on problems in using and communicating with information and communication technology, who has had two years’ professional experience in the sector;
m) technical expert: a person who is an expert on web technology and accessibility problems;
n) focus: the active element in a user interface;
o) style sheets; an instrument with which it is possible to separate the contents of a web page from the typographic forms in which they are presented;
p) frame: a web page structure consisting of two or more independent parts;
q) usability: the characteristic of services to respond to criteria of ease and simplicity of use, efficiency, meeting user requirements, user-friendliness and satisfaction in using the product;
r) event manager: part of the computer program that is activated when a logic event or an input device-dependent event occurs;
s) assessment group: a group of users, including disabled users, who perform tasks assigned by the human factors expert for the subjective assessment to be carried out;
t) homepage: the first page made available to the user when they access an address corresponding to a web site;
u) interactivity: the characteristic of the computer program requesting intervention by the user to execute its functionalities;
v) user interface: a computer program that manages the output and input from and to a computer in an interactive manner, by means of a representation based on graphic images (graphic interface) or by means of textual commands (textual interface);
z) program interface (API, Application Program Interface): all the programs that enable different applications to communicate with each other;
aa) Internet: a worldwide computer network based on the range of TCP/IP (Transmission Control Protocol/Internet Protocol) communication protocols;
bb) Intranet: a computer network based on the same Internet protocols, but reserved for exclusive use by an organisation or group of users;
cc) law: Law No 4 of 9 January 2004, published in Official Gazette No 13 of 17 January 2004, laying down provisions to promote disabled access to computers;
dd) markup language: a method of representing information which users indicators (markers) to characterise the information;
ee) forms: instruments whereby the user interacts with the web site by providing and receiving specific information;
ff) web page: the basic informative element of a web site, created with a markup language which may contain textual and multimedia objects and images;
gg) retail products: prepackaged applications to be used, including without developing appropriate adaptation programs;
hh) regulation: Presidential Decree No. 75 of 1/3/2005, published in Official Gazette No. 101 of 3/5/2005;
ii) script: a sequence of instructions in a programming language that can be inserted into a web page to provide additional functionality;
ll) web site: the structured set of web pages used to transmit information or provide services, often defined as an Internet site;
mm) task: a specific task that the human factors expert assigns to a member of the assessment group to simulate real interactive situations with the computer system;
nn) assistive technology; technical, hardware and software instruments and solutions that enable disabled persons to access information and services provided by computer systems by overcoming or reducing the disabling conditions;
oo) web technologies: all the standards defined by the ISO and the recommendations of the W3C Consortium, intended to transmit information or provide services on networks that use the http protocol, commonly referred to as Internet technologies;
pp) technical assessment: an assessment carried out by experts, including with computers, based on technical parameters;
qq) subjective assessment: an assessment of the level of quality of services, already deemed accessible by means of the technical assessment, performed with the assistance of the recipient, including disabled persons, based on empirical factors.
Article 2
(Technical requirements and levels of accessibility)
1. Annexes A, B, C and D to this Decree, which form an integral part of it, define the guidelines on the technical requirements and the various levels of accessibility, pursuant to Articles 11 and 12 of the Law, and in compliance with the criteria and principles indicated by the Regulation.
2. The primary level of accessibility of web sites shall be certified subject to a positive result in the technical assessment, which verifies the conformity of the sites’ pages with the technical requirements listed in Annex A, by applying the methodology indicated therein.
3. The technical requirements shall also apply in cases where the parties cited in Article 3(1) of the Law provide information or services by means of Internet applications made available on Intranet networks or media such as CD-ROM and DVD, which can also be used on personal computers not connected to the network.
4. The secondary level of accessibility relates to the quality of information and services provided by the web site and breaks down into first, second and third-level quality. These levels of quality shall be certified by the subjective assessment, using the assessment criteria set out in Annex B, by applying the methodology indicated therein.
Article 3
(Accessibility for personal computers, the operating system, applications and retail products)
1. The accessibility requirements for personal computers are set out in Annex C.
2. The accessibility requirements for the operating system, applications and retail products are set out in Annex D.
3. The manufacturer or provider shall declare the level of conformity of the product or service with the requirements of this Article.
Article 4
(Technical specifications for meeting assessors’ requirements)
1. Legal entities interested in registration on the list of assessors cited in Article 3(1) of the Regulation shall submit documentation proving the availability of equipment resources in order to enable technical and subjective assessments to be carried out.
2. Legal entities cited in paragraph 1 shall also provide information proving the availability of the following professional resources, even if not in the capacity of employees:
a) a human factors expert,
b) a technical expert,
c) an expert on interaction with disabled persons,
d) an assessment group.
Article 5
(Performance of assessments and determining the maximum amounts incumbent on private parties)
1. The amounts incumbent on private parties as consideration for the activities performed by assessors shall be determined based on the costs incurred in the performance of the technical assessment and the subjective assessment.
2. During the technical assessment, by applying the methodology set out in paragraph 2 of Annex A, the technical expert shall:
a) perform the activities laid down in point a) of the same paragraph 2, on all pages of the site;
b) perform the activities laid down in points b), c) and d) of the same paragraph 2 on the homepage, all the pages of the site directly accessible from the homepage, all types of pages that have forms and response pages, as well as on a statistical sample of pages that do not fall within those previously examined, equal to 5% of the same;
c) draft the report cited in point e) of the same paragraph 2.
3. The subjective assessments shall consist of the activities, laid down in the methodology in Annex B, performed by the human factors expert, the expert on interaction with disabled persons and by the assessment group. The total cost of the assessment shall also take account of the times spent using the assistive technology used.
4. Pursuant to Article 3(5)(b) of the Regulation, the maximum amounts incumbent on private parties as consideration for the activities performed by assessors are set out in Annex F, which forms an integral part of this Decree.
Article 6
(Logo certifying compliance with the accessibility requirement)
1. The specimen of the logo and the correspondence between the logo, possibly accompanied by asterisks, and the various levels of quality of the service are set out in Annex E, which forms an integral part of this Decree.
Article 7
(Use of the logo)
1. The request for authorisation to display the logo shall be submitted telematically to the Prime Minister’s Office – Department for Innovation and Technology, via the site of the National Centre for Computing in Public Administration (CNIPA), pursuant to Article 4(3) of the Regulation.
2. For the purposes of paragraph 1, parties cited in Article 3(1) of the Law and private parties that intend to display on their web site the logo certifying compliance with the accessibility requirement, shall register themselves in the appropriate area of the CNIPA web site.
3. The authorisation request cited in paragraph 1 shall be accompanied by the accessibility certificate, in electronic form, for every page of the site examined, as well as a static copy, with a reference to the time of the assessment, of all pages analysed as indicated in Article 5(2). The specimen accessibility certificate is available, for registered parties, in the aforementioned area of the CNIPA web site.
For the purposes of issuing or renewing authorisation to display the logo, the CNIPA shall:
a) provide an area on its web site to receive registration requests;
b) receive authorisation requests cited in paragraph 1 and the documentation cited in paragraph 3;
c) create and update the database of persons authorised to display the logo, and electronic identification codes issued to the same persons for registration and documentation purposes relating to each authorisation request;
d) relay the results of the preliminary report of the Prime Minister’s Office – Department for Innovation and Technology.
4. The Prime Minister’s Office – Department for Innovation and Technology, based on the results of the preliminary report cited in this Article, shall issue the authorisation to use the logo and inform the applicant of this.
Article 8
(Reimbursement of administrative costs incurred by the Prime Minister’s Office for activities connected to use of the logo and inspection tasks)
1. Private parties that request authorisation to use the logo shall attach to the request the receipt for the payment made, including telematically, as reimbursement for the administrative costs incurred by the Prime Minister’s Office for activities connected to issuing the authorisation. The amount of the payment is set out in Annex F.
2. Pursuant to Article 7 of the Regulation, if a level of accessibility lower than that of the logo used is detected, the effective costs of the inspection carried out shall be borne by the private party, as well as part of the costs incurred in the performance of all inspection tasks carried out by the CNIPA on private parties. The amount of the share of costs, which shall be no more than twice the cost of the inspection, is set out in Annex F.
3. The amounts cited in paragraphs 1 and 2 shall be updated annually, by Decree of the Minister for Innovation and Technology.
The present Decree shall be forwarded to the competent controlling bodies and it shall be published on the Official Gazette of the Italian Republic.
Rome, 8 July 2005
Minister Stanca