GreeceLaw 4412/2016, Articles 54(1) and 282(1): accessibility criteria in the technical specifications of public contracts
Law 4412/2016, Arts. 54(1), 282(1) and 379(1), with Art. 17 of Law 4782/2021
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 that a contracting authority procures for use by natural persons, whether the general public or the authority's staff, the technical specifications of the contract take into account accessibility criteria for persons with disabilities or design for all users (Art. 54(1) of Law 4412/2016; implements Directive 2014/24/EU, Art. 42(1)); the text names no technical standard.
- Where a legislative act of the Union has adopted mandatory accessibility requirements, the technical specifications define the accessibility criteria by reference to them (Art. 54(1)); for the products and services in Art. 3 of Law 4994/2022, those are the requirements of its Annex I (Art. 25(1) of that Law).
- If you sell to a contracting entity under Book II of the Law, the technical specifications take into account the same criteria, except in duly justified cases (Art. 282(1); implements Directive 2014/25/EU, Art. 60(1)).
These lines are LexLint's reading of the law's text.
What this law does
Article 54(1) of Law 4412/2016 requires that, for all contracts intended for use by natural persons, whether the general public or the staff of the contracting authority, the technical specifications be drawn up so as to take into account accessibility criteria for persons with disabilities or design for all users.
Where mandatory accessibility requirements have been adopted by a legislative act of the Union, Article 54(1) requires the technical specifications to define the accessibility criteria by reference to those requirements. Article 17 of Law 4782/2021 amended the title and paragraph 9 of Article 54 of Law 4412/2016 and restated the article as a whole.
As restated by Article 17 of Law 4782/2021, Article 54(1) keeps the requirement that the technical specifications of contracts intended for use by natural persons take into account accessibility criteria for persons with disabilities or design for all users. Article 142(3) of Law 4782/2021 starts the force of its remaining articles, those that its paragraphs 1 and 2 do not name, on .
Article 282(1) of Law 4412/2016 applies the same rule to contracts of contracting entities, with the exception of duly justified cases. Article 379(1) of Law 4412/2016 starts the force of its provisions from their publication, unless a provision states otherwise.
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