LithuaniaLaw on Public Procurement, disability criteria and suitability for all users in technical specifications (Article 37(2) to (3))
Viešųjų pirkimų įstatymas Nr. I-1491, 37 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 organisation for a purchase intended for natural persons (the general public, or the organisation's civil servants or employees), expect its technical specification, save in justified cases, to take account of disability criteria and suitability for all users (Art. 37(2)).
- Where an EU or national act sets mandatory disability and suitability-for-all-users criteria, the contracting organisation 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. 37(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. 37(3)).
- The liability chapter of the Accessibility Act (Chapter VII) does not apply to economic operators taking part in procurement procedures under the Law on Public Procurement (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 37(2) of the Law on Public Procurement provides that the technical specifications of every purchase intended for natural persons, meaning the general public or the contracting organisation's civil servants or 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 37(2) requires the contracting organisation 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 37 of the Law on Public Procurement.
Article 37(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 the Law on Public Procurement or the utilities procurement law. 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 Act No. XIII-327 amending the Law on Public Procurement among its national measures for Directive (EU) 2019/882. The Law on Public Procurement in its present form dates from Act No. XIII-327, made on and in force from .
Acts No. XIII-2158 of , No. XIII-3258 of and No. XIV-954 of amended Article 37(2).
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