Law on Procurement by Public Service Providers, accessibility in the technical specifications of procurements
Sabiedrisko pakalpojumu sniedzēju iepirkumu likums, 23. panta devītā daļa un 9.1 daļa
In force since .
A procurement conditions rule binding public and private bodies.
- Enforcement body
- not stated in the provision: the public service provider sets the specifications
- Instrument type
- an act of a legislature
What it requires
- If you sell goods, services or works to a public service provider and their results are intended for natural persons, including its staff, expect the technical specifications to ensure accessibility for persons with disabilities or to take universal design principles into account, unless the provider justifies leaving that out (Law on Procurement by Public Service Providers, Art. 23(9); Directive 2014/25/EU, Art. 60(1)).
- If you offer goods or services covered by Article 3 of the Law on the accessibility of goods and services, expect the requirements set under Article 4(2) of that Law to be mandatory accessibility requirements in the specifications of a procurement announced from (Art. 23(9.1); Directive (EU) 2019/882, Art. 24(1)).
These lines are LexLint's reading of the law's text.
What this law does
Article 24(1) of Directive (EU) 2019/882 makes the Annex I accessibility requirements 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 23(9) of the Law on Procurement by Public Service Providers requires the technical specifications of a procurement whose results are intended for natural persons, including the public service provider's staff, to ensure accessibility for persons with disabilities or to take universal design principles into account, unless the public service provider duly justifies leaving the requirement out.
Article 23(9.1) makes the accessibility requirements set under Article 4(2) of the Law on the accessibility of goods and services for the goods and services in Article 3 of that Law mandatory accessibility requirements within the meaning of paragraph 9. Paragraph 9.1 enters into force on and does not apply to procurements announced, or begun by decision where none is announced, up to .
The footnote to Article 23 dates the amendment that set paragraph 9.1 as the law of , in force from , with paragraph 9.1 in force from . The Law on Procurement by Public Service Providers lists Directive (EU) 2019/882 among the directives it includes provisions from.
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