Law / Belgium

Law of 17 June 2016 on public procurement, Articles 53(1) and 133, point 3, accessibility criteria in the technical specifications of contracts for use by natural persons, in the classical and special sectors

Loi du 17 juin 2016 relative aux marchés publics, article 53, § 1er, et article 133, 3°

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2025. Publisher's page: https://www.ejustice.just.fgov.be/eli/loi/2016/06/17/2016021053/justel

In force since .

A procurement conditions rule binding public and private bodies.

Instrument type
an act of a legislature

What it requires

  • If you sell goods or services to a Belgian contracting authority under a public contract intended for use by natural persons, whether the general public or the authority's staff, the technical specifications are drawn up to take account of accessibility criteria for persons with disabilities or design for all users, except in duly justified cases (Article 53(1), Law of ).
  • Where binding accessibility requirements have been adopted by a legal act of the European Union, the technical specifications are defined by reference to those requirements as regards accessibility criteria for persons with disabilities or design for all users (Article 53(1)).
  • If you sell goods or services to a contracting entity in the special sectors (water, energy, transport and postal services) under a contract intended for use by natural persons, the same accessibility rule for the technical specifications applies (Article 133, point 3, applying Article 53).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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Article 53(1) of the Law of requires the contracting authority to draw up the technical specifications of every public contract intended for use by natural persons, whether the general public or the authority's staff, so as to take account of accessibility criteria for persons with disabilities or design for all users. Article 53(1) allows the contracting authority to depart from that rule only in duly justified cases.

Article 53(1) requires the technical specifications to be defined by reference to binding accessibility requirements adopted by a legal act of the European Union. Article 133, point 3, applies Article 53 to the public contracts in the special sectors covered by Title 3 of the Law.

Article 24(1) of the Directive makes the accessibility requirements of its Annex I, for the products and services it covers, mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU. The Justel consolidation records that, for contracts under Title 2 on public contracts in the classical sectors, the articles of the Law not yet in force took effect on .

The Justel consolidation records the same day, , for contracts under Title 3 on public contracts in the special sectors.

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