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Law / Luxembourg

Grand-Ducal Regulation of 8 April 2018 implementing the Law on public procurement, accessibility in technical specifications and quality-assurance certificates

Règlement grand-ducal du 8 avril 2018 portant exécution de la loi du 8 avril 2018 sur les marchés publics art. 16, paragraphe 1er, art. 21, paragraphe 1er, et art. 207, paragraphe 1er

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 works, supplies or services to a contracting authority under the Law of on public procurement, expect the technical specifications of a contract intended for use by natural persons, whether the general public or the authority’s staff, to be drawn up, save in duly justified cases, to take account of accessibility criteria for persons with disabilities or design for all users (Art. 16(1) of the Grand-Ducal Regulation of ; see Directive 2014/24/EU Art. 42(1), to which Directive (EU) 2019/882 Art. 24(1) refers).
  • Where a legal act of the European Union has adopted binding accessibility requirements, expect the technical specifications to be defined by reference to those standards as regards accessibility for persons with disabilities or design for all users; Art. 26(1) of the Law of makes the accessibility requirements of Annex I to Directive (EU) 2019/882 such requirements for the products and services within Art. 1 of that Law (Art. 16(1) of the Regulation; Directive (EU) 2019/882 Art. 24(1)).
  • A contracting authority may ask you for certificates drawn up by independent bodies attesting that you comply with quality assurance standards, including on accessibility for persons with disabilities; it then refers to quality assurance systems based on the relevant series of European standards and certified by accredited bodies (Art. 21(1) of the Regulation; Art. 32(1) of the Law of ).
  • If you sell works, supplies or services to a contracting entity in the utilities sectors, expect the technical specifications of a contract intended for use by natural persons, whether the general public or the entity’s staff, to be drawn up on the same two rules (Art. 207(1) of the Regulation; see Directive 2014/25/EU Art. 60(1), to which Directive (EU) 2019/882 Art. 24(1) refers).

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What this law does

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Research summary

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Article 16(1) of the Grand-Ducal Regulation of requires the technical specifications of all contracts for works, supplies or services intended for use by natural persons, whether the general public or the staff of the contracting authority, to take account of accessibility criteria for persons with disabilities or design for all users, save in duly justified cases.

Article 16(1) also provides that where binding accessibility requirements have been adopted by a legal act of the European Union, the technical specifications are defined by reference to those standards as regards accessibility criteria for persons with disabilities or design for all users. Article 207(1) of the Regulation sets the same two rules for the contracts of contracting entities in the utilities sectors.

Article 21(1) of the Regulation lets a contracting authority ask for certificates drawn up by independent bodies attesting that the economic operator complies with certain quality assurance standards, including on accessibility for persons with disabilities, in accordance with Article 32(1) of the Law of .

Article 32(1) of the Law of requires a contracting authority that asks for such certificates to refer to quality assurance systems based on the relevant series of European standards and certified by accredited bodies. Article 35(2) of the Law of lists accessibility and design for all users among the award criteria a contracting authority may use.

Article 35(1) of the Loi du 3 juillet 2018 sur l’attribution de contrats de concession (Law of on the award of concession contracts) lets the technical and functional requirements of a concession include design for all uses, including access for persons with disabilities.

Article 36(1) of the Loi du 8 avril 2018 sur les marchés publics (Law of on public procurement) leaves the rules on the determination and formulation of technical specifications to a grand-ducal regulation. Article 26(1) of the Law of makes the accessibility requirements of Annex I to Directive (EU) 2019/882 binding accessibility requirements within the meaning of the amended Law of and the regulation made under its Article 36(1).

Article 24(1) of Directive (EU) 2019/882 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. Article 1(7) of the Law of provides that it does not apply to the procurement procedures governed by the amended Law of as regards enforcement measures and sanctions.

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