ItalyPublic Contracts Code, Article 79 and Annex II.5, accessibility criteria in technical specifications, with the Annex I requirements of Legislative Decree 82/2022 made mandatory by its Article 22(1)
D.Lgs. 31 marzo 2023, n. 36, art. 79 e allegato II.5, parte II, punto 3
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, expect its technical specifications to take account of the accessibility criteria for persons with disabilities or of design for all users, save in duly justified cases (Legislative Decree 36/2023, Article 79 and Annex II.5, Part II, point 3); the point names no technical standard.
- If what you sell is a product or service listed in Article 1 of Legislative Decree 82/2022, the accessibility requirements of its Annex I are the mandatory accessibility requirements for the contract (Legislative Decree 82/2022, Article 22(1), read with Article 226(5) of Legislative Decree 36/2023); Legislative Decree 82/2022 has had effect since (Article 25(1)).
- A product or service whose features, elements or functions meet section VI of Annex I of Legislative Decree 82/2022 is presumed to meet the accessibility obligations of other Union acts for those features, unless those acts provide otherwise (Article 22(2)).
These lines are LexLint's reading of the law's text.
What this law does
Article 79 of Legislative Decree 36/2023, the public contracts code, leaves the technical specifications to Annex II.5. Annex II.5, Part II, point 3, requires that, for every contract intended for use by natural persons, the technical specifications be drawn up, save in duly justified cases, so as to take account of the accessibility criteria for persons with disabilities or of design for all users.
Part I, point 1(b), defines the technical specifications of service and supply contracts as the characteristics required of a product or service, among them a design that takes account of all requirements, accessibility for persons with disabilities included.
Article 22(1) of Legislative Decree 82/2022, which implements Article 24(1) of Directive (EU) 2019/882, makes the accessibility requirements of its Annex I the mandatory accessibility requirements for the products and services of its Article 1 within the meaning of Articles 68 and 170 of Legislative Decree 50/2016.
Article 226(1) of Legislative Decree 36/2023 repealed Legislative Decree 50/2016 from , and Article 226(5) reads every reference to it in force as a reference to the corresponding provisions of the new code. Article 22(2) presumes a product or service whose features, elements or functions meet section VI of Annex I to meet the accessibility obligations of other Union acts for those features, unless otherwise provided.
Article 25(1) of Legislative Decree 82/2022 gives its provisions effect from . The code entered into force on and its provisions took effect on .
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