LithuaniaLaw on Procurement by Contracting Entities in the Water, Energy, Transport and Postal Services Sectors, disability criteria and suitability for all users in technical specifications (Article 50(2) to (3))
Pirkimų atliekamų vandentvarkos, energetikos, transporto ar pašto paslaugų srities perkančiųjų subjektų, įstatymas Nr. XIII-328, 50 str. 2 ir 3 d.
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 goods, services or works to a contracting entity in the water, energy, transport or postal sectors for a purchase intended for natural persons (the general public, or the entity's employees), expect its technical specification, save in justified cases, to take account of disability criteria and suitability for all users (Art. 50(2)).
- Where an EU or national act sets mandatory disability and suitability-for-all-users criteria, the contracting entity must follow them in its technical specification; the Accessibility Act makes the accessibility requirements of Annex 1 for the products and services of its Article 2 such mandatory criteria (Art. 50(2); Accessibility Act Art. 15(3)); that link has applied since , when the Accessibility Act took effect (Accessibility Act Art. 30(1)).
- A product or service you supply under a tender that falls within Article 2 of the Accessibility Act therefore has to meet the accessibility requirements of its Annex 1 (Accessibility Act Art. 7(1), 15(3)).
- The technical specification has to ensure competition and not discriminate between suppliers (Art. 50(3)).
- The liability chapter of the Accessibility Act (Chapter VII) does not apply to economic operators taking part in procurement procedures under this Law (Accessibility Act Art. 2(9)); Art. 2(9) has applied since .
These lines are LexLint's reading of the law's text.
What this law does
Article 50(2) of the Law on Procurement by Contracting Entities in the Water, Energy, Transport and Postal Services Sectors provides that the technical specifications of every purchase intended for natural persons, meaning the general public or the contracting entity's employees, should, save in justified cases, be prepared so as to take account of disability criteria and suitability for all users.
Where an act of the European Union or a national act sets mandatory disability criteria and suitability-for-all-users criteria, Article 50(2) requires the contracting entity to follow them when it prepares technical specifications. Article 15(3) of the Accessibility Act makes the accessibility requirements for the products and services of its Article 2 mandatory disability criteria within the meaning of Article 50 of this Law.
Article 50(3) requires the technical specification to ensure competition and not to discriminate between suppliers. Article 2(9) of the Accessibility Act disapplies its Chapter VII to economic operators that take part in procurement procedures under this Law or the Law on Public Procurement. Act No. XV-760 of added Article 2(9) to the Accessibility Act.
Article 24(1) of Directive (EU) 2019/882 makes the accessibility requirements in 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. Lithuania listed the Law among its national measures for Directive (EU) 2019/882. Article 114(1) brought the Law, apart from the provisions it names, into force on .
Acts No. XIII-2159 of , No. XIII-3259 of and No. XIV-955 of amended Article 50(2).
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