Law / Spain

Real Decreto-ley 3/2020, Book One, Article 45(2)(a) and additional provision 4, accessibility criteria in the technical specifications and the procedure of procurement in the water, energy, transport and postal sectors

Real Decreto-ley 3/2020 de 4 de febrero, contratación en los sectores del agua, la energía, los transportes y los servicios postales, Libro primero: art. 45.2 a) y disposición adicional cuarta

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 works, supplies or services to an entity that buys in the water, gas and heating, electricity, transport, ports and airports, postal or extraction sectors under Book One of Real Decreto-ley 3/2020, expect its technical specifications to be defined, as far as possible, taking into account the accessibility criteria for persons with disabilities or design for all users, except in duly justified cases (Real Decreto-ley 3/2020, Art. 45(2)(a)); the paragraph names no technical standard.
  • Where a legal act of the European Union makes accessibility requirements mandatory, the technical specifications are defined by reference to them (Art. 45(2)(a)).
  • In a procurement under Book One, the admissible means of communication, the design of the instrumental elements and the conduct of the procedure take universal accessibility and design for all into account, as defined in Real Decreto Legislativo 1/2013 (additional provision 4).

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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Book One of Real Decreto-ley 3/2020 regulates the award of works, supply and service contracts by public and private entities that carry out activities in the water, gas and heating, electricity, transport, ports and airports, postal and extraction sectors, above set value thresholds.

Article 45(2)(a) requires the technical specifications to be defined, as far as possible, taking into account the accessibility criteria for persons with disabilities or design for all users, except in duly justified cases. Where mandatory accessibility requirements are set by a legal act of the European Union, Article 45(2)(a) requires the technical specifications to be defined by reference to them.

Additional provision 4 requires the admissible means of communication, the design of the instrumental elements and the conduct of the procedure to take universal accessibility and design for all into account, as those terms are defined in Real Decreto Legislativo 1/2013.

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