CroatiaPublic Procurement Act, accessibility in the technical specifications of public tenders and in quality assurance certificates (Articles 208 and 270)
Zakon o javnoj nabavi, čl. 12., 208. i 270. (NN 120/2016)
In force since .
A procurement conditions rule binding public and private bodies.
What it requires
- If you sell goods, services or works to a contracting authority in a procurement at or above the thresholds of Article 12(1), and what you sell is intended for use by natural persons, the technical specifications of the tender take into account accessibility criteria for persons with disabilities or design for all users, except in duly justified cases (Art. 208(1); implements Directive 2014/24/EU, Art. 42(1)).
- Where mandatory accessibility requirements are adopted by a legal act of the European Union, the technical specifications refer to them (Art. 208(2)); for the products and services within Article 3 of the Act on the accessibility requirements for products and services, the Annex I requirements of that Act are such mandatory requirements for the description of the procurement object and the technical specifications (Art. 30(1) of that Act; Directive (EU) 2019/882, Art. 24(1)).
- If the contracting authority asks you for certificates of independent bodies that you meet quality assurance standards, including accessibility for persons with disabilities, it refers to quality assurance systems based on the relevant series of European standards certified by accredited bodies; it recognizes equivalent certificates from bodies in other Member States, and accepts other evidence of equivalent quality assurance measures if you could not obtain the certificates in time for objective reasons and show that your measures conform to the standards asked for; from , if you bid as a member of a group of economic operators, the procurement documents state how each member proves that conformity (Art. 270(1) to (4), paragraph 4 added by the Act published in Narodne novine 48/2026).
- The Act applies to a procurement whose estimated value is equal to or above the thresholds of Article 12(1); from the thresholds below which it does not apply are EUR 50,000 for goods, services and design contests and EUR 100,000 for works, and a procurement below them is a simple procurement run under the contracting authority's general act (Art. 12 and 15, as amended by the Act published in Narodne novine 48/2026).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The contracting authority that drafts the technical specifications under Article 208; the Act's remedies and supervision are those of the Public Procurement Act
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a procurement of goods, services or works, or a design contest, whose estimated value is equal to or above the thresholds of Article 12(1) of the Act (Article 12(2))
What this law does
Article 6(1) names as contracting authorities the Republic of Croatia and its state bodies, units of local and regional self-government, bodies governed by public law, and associations formed by them. Article 208(1) requires a contracting authority, for all procurement objects intended for use by natural persons, to take into account in drawing up the technical specifications the accessibility criteria for persons with disabilities or design for all users, except in duly justified cases.
Article 208(2) requires technical specifications on accessibility criteria to refer to mandatory accessibility requirements adopted by legal acts of the European Union. Article 24(1) of Directive (EU) 2019/882 provides that the accessibility requirements of its Annex I constitute 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 30(1) of the Act on the accessibility requirements for products and services makes the Annex I requirements mandatory accessibility requirements for the description of the procurement object and the technical specifications under the public procurement law.
Article 270(1) to (3) requires a contracting authority that asks for certificates of independent bodies on quality assurance standards, including accessibility for persons with disabilities, to refer to quality assurance systems based on the relevant series of European standards certified by accredited bodies, to recognize equivalent certificates from bodies in other Member States, and to accept evidence of equivalent quality assurance measures where the economic operator could not obtain the certificates in time for objective reasons.
Article 39 of the Act published in Narodne novine 48/2026 adds Article 270(4), under which the contracting authority states in the procurement documents how each member of a group of economic operators proves the group's conformity with the quality assurance standards asked for. That Act enters into force on the eighth day after its publication, which was , so Article 270(4) applies from .
Article 452 sets for the entry into force of the Act, with exceptions for Articles 284(4) and (5), 261 and 269. Article 4 of the Act published in Narodne novine 48/2026 raises the thresholds in Article 12(1), point 1, below which the Act does not apply, from EUR 26,540 to EUR 50,000 in sub-point (a) and from EUR 66,360 to EUR 100,000 in sub-point (b). Article 89 of that Act sets for Articles 4 and 5, which change the thresholds and the rules on simple procurement.
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