HungaryGovernment Decree 321/2015 on proving suitability and grounds for exclusion and on setting the technical specification in public procurement, section 47, accessibility in the technical specification
321/2015. (X. 30.) Korm. rendelet a közbeszerzési eljárásokban az alkalmasság és a kizáró okok igazolásának valamint a közbeszerzési műszaki leírás meghatározásának módjáról, 47. §
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 to a contracting authority a product or service that the Accessibility Act covers, expect the technical specification of the tender to be set in compliance with the accessibility requirements of that Act, which are the mandatory accessibility requirements of Article 42(1) of Directive 2014/24/EU (Government Decree 321/2015, s. 47(4); Directive (EU) 2019/882, Art. 24(1)); this has applied since .
- If you tender to supply an object intended for use by natural persons, expect the technical specification to take account of accessibility for people with disabilities and of design for all users, in line with the universal design principles of Article 2 of the Convention on the Rights of Persons with Disabilities, except in justified cases (s. 47(2)).
- Where a European Union legislative act adopts mandatory accessibility requirements, expect the technical specification to refer to that act so far as it concerns accessibility for people with disabilities or design for all users (s. 47(3)).
- Expect the technical specification of a public procurement to be set with regard to equal access to the services for all users and, where the object of the procurement allows, for people with disabilities (s. 47(1)).
These lines are LexLint's reading of the law's text.
What this law does
Article 24(1) of the Directive makes the accessibility requirements of its Annex I mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU. Section 47(1) of Government Decree 321/2015 requires the technical specification of a public procurement to be set with regard to equal access to the services for all users and, where it fits the object of the procurement, for people with disabilities.
Section 47(2) requires the technical specification, for any object of procurement intended for use by natural persons, to take account, except in justified cases, of accessibility for people with disabilities and of design for all users, in line with the principles of universal design in Article 2 of the Convention on the Rights of Persons with Disabilities.
Section 47(3) requires the technical specification to refer to a European Union legislative act that adopts mandatory accessibility requirements, so far as it concerns accessibility for people with disabilities or design for all users. Section 47(4) requires the technical specification for an object of procurement within the Accessibility Act to be set in compliance with the accessibility requirements that Act lays down.
Section 6 of Government Decree 317/2022 inserted section 47(4) into Decree 321/2015. Government Decree 317/2022 states that it serves compliance with Directive (EU) 2019/882. Section 6 of Decree 317/2022 applies from . Section 50(1) applies Decree 321/2015 to the procurements started after it took effect.
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