MaltaPublic Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, technical specifications must take account of accessibility criteria (regulation 76(4) and (5))
Public Procurement of Entities operating in the Water Energy, Transport and Postal Services Sectors Regulations (Subsidiary Legislation 601.05; Legal Notice 351 of 2016), regs. 76(4) and 76(5)
In force.
A procurement conditions rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- If you sell works, services or supplies that a contracting entity procures for use by natural persons, whether the general public or its own staff, expect its technical specifications to take into account accessibility criteria for persons with disabilities or design for all users, except in duly justified cases (reg. 76(4)); the paragraph names no technical standard.
- Where mandatory accessibility requirements are adopted by a legal act of the Union, the technical specifications you tender against are defined by reference to them for accessibility criteria (reg. 76(5)); for the products and services within regulation 3 of the Accessibility Measures (European Accessibility Act) Regulations, those requirements include Annex I to those Regulations (reg. 24(1) of those Regulations).
These lines are LexLint's reading of the law's text.
What this law does
Regulation 76(4) requires the technical specifications, for all procurement intended for use by natural persons, whether the general public or staff of the contracting entity, to be drawn up, except in duly justified cases, so as to take into account accessibility criteria for persons with disabilities or design for all users.
Regulation 76(5) requires the technical specifications, where mandatory accessibility requirements are adopted by a legal act of the Union, to be defined by reference to them as far as accessibility criteria are concerned.
Regulation 24(1) of the Accessibility Measures (European Accessibility Act) Regulations makes the accessibility requirements in Annex I to those Regulations mandatory accessibility requirements within the meaning of the Public Procurement Regulations, the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, the Emergency Procurement Regulations and the Concession Contract Regulations.
Regulation 24(1) implements Article 24(1) of Directive (EU) 2019/882, which makes the Annex I 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. Regulation 170(2) lets the best price-quality ratio be assessed on criteria that may comprise quality, including accessibility and design for all users.
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