Public Procurement Law 73(I)/2016, Article 39(1)(b), accessibility criteria in technical specifications
In force since .
A procurement conditions rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you bid to supply works, goods or services that a contracting authority procures for use by natural persons, whether the general public or its own staff, expect the technical specifications to take account of accessibility criteria for persons with disabilities or design for all users (Art. 39(1)(b)); the paragraph names no technical standard.
- Where mandatory accessibility standards have been adopted under a legislative act of the Union, the technical specifications you tender against refer to those standards (Art. 39(1)(b)).
- If what you sell is a product or service listed in Article 4 of Law 57(I)/2024, expect the technical specifications to apply the accessibility requirements of Annex I to that Law, which are mandatory accessibility requirements when the contracting authority applies Art. 39(1) (Law 57(I)/2024, Art. 25(1)).
These lines are LexLint's reading of the law's text.
What this law does
Article 39(1)(b) requires the technical specifications for all contracts intended for use by natural persons, whether the general public or the staff of the contracting authority, to take account of accessibility criteria for persons with disabilities or design for all users. Article 39(1)(b) requires the technical specifications to refer to mandatory accessibility standards where a legislative act of the Union has adopted them.
Article 2(1) defines contracting authorities as the State, the regional or local authorities and the bodies governed by public law. For the products and services listed in Article 4 of Law 57(I)/2024, Article 25(1) of that Law makes the accessibility requirements of its Annex I mandatory accessibility requirements when Article 39(1) of this Law is applied.
For the products and services referred to in its Article 2, Article 24(1) of the Directive makes the accessibility requirements of Annex I to the Directive mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU. Article 95(1) brings the Law into force on its publication in the Official Gazette. The Official Gazette No. 4565 of published the Law.
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