DenmarkExecutive Order on procedures for the award of contracts in the water, energy, transport and postal sectors, section 1, accessibility in technical specifications through Article 60(1) of the Utilities Directive
Bekendtgørelse om fremgangsmåderne ved indgåelse af kontrakter inden for vand- og energiforsyning transport samt posttjenester (BEK nr. 1078 af 29. juni 2022), § 1
In force since .
A procurement conditions rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- If you sell goods, services or works that a Danish contracting entity in the water, energy, transport or postal sectors procures for use by natural persons, whether the general public or its staff, expect its technical specifications to take account of accessibility criteria for persons with disabilities or design for all users, except in duly justified cases (Order 1078 § 1 and Directive 2014/25/EU Article 60(1)).
- Where accessibility requirements are mandatory under a legal act of the European Union, expect the technical specifications to be defined by reference to them for accessibility purposes (Order 1078 § 1 and Directive 2014/25/EU Article 60(1)); Article 24(1) of Directive 2019/882 makes the accessibility requirements in its Annex I such mandatory requirements.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The Complaints Board for Tenders (Klagenævnet for Udbud), to which a question of breach of rules made under the Public Procurement Act can be brought under section 195(1) of that Act
What this law does
Executive Order 1078 of is made under sections 176(4) and 194(2) of the Public Procurement Act. Section 1(1) of the Order requires contracting entities to comply with the provisions of the Utilities Directive. Section 1(2) defines the Utilities Directive as Directive 2014/25/EU of .
Article 60(1) of Directive 2014/25/EU requires the technical specifications for all procurement intended for use by natural persons, whether the general public or staff of the contracting entity, to take account of accessibility criteria for persons with disabilities or design for all users, except in duly justified cases.
Article 24(1) of Directive 2019/882 makes the accessibility requirements in its Annex I mandatory accessibility requirements within the meaning of Article 60(1) of Directive 2014/25/EU. Section 18(1) of the Public Procurement Act takes contracts covered by Directive 2014/25/EU out of titles II and III of that Act, which hold its section 40. Section 19(1) brought the Order into force on and applies it to tenders under the Utilities Directive started from that day.
Section 52(1) of the Accessibility Act names Executive Order 1624 of alongside section 40(3) of the Public Procurement Act in making the accessibility requirements of its Annex 1 mandatory accessibility requirements. Sections 55(3) and 57(4) of the Accessibility Act also name Order 1624 in taking utilities tender procedures out of that Act’s consumer complaint route and its penalty provisions.
Section 19(2) of Order 1078 repealed Order 1624, and section 19(3) keeps Order 1624 for tenders under the Utilities Directive started before . Section 195(1) of the Public Procurement Act lets a question of breach of rules made under that Act be brought before the Complaints Board for Tenders (Klagenævnet for Udbud).
When LexLint raises it
When your app profile says your app ships a consumer interface.
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