MaltaAccessibility Measures (European Accessibility Act) Regulations, built environment of services (national option under Article 4(4) of the Directive)
In force since .
An accessibility requirements rule binding public and private bodies.
- Private right of action
- Yes
What it requires
- If you provide a service covered by the Regulations, make the built environment that your clients use, and that is under your responsibility, comply with Annex III: the use of outdoor areas and facilities, approaches to buildings, entrances, horizontal and vertical circulation, rooms used by the public, equipment and facilities used in the service, toilets and sanitary facilities, exits, evacuation routes and emergency planning, communication and orientation through more than one sensory channel, the use of facilities and buildings for their foreseeable purpose, and protection from hazards indoors and outdoors (reg. 4(4); Annex III), subject to regulation 14.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The Commission for the Rights of Persons with Disability, the market surveillance authority under regulation 2 of the Regulations, as designated by article 22(1)(v) of the Equal Opportunities (Persons with Disability) Act
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a service provider whose clients use a built environment, under the provider's responsibility, in which a service covered by the Regulations is provided
What this law does
Article 4(4) of Directive (EU) 2019/882 lets Member States decide, in the light of national conditions, that the built environment used by clients of services covered by the Directive shall comply with the accessibility requirements in Annex III to the Directive.
Regulation 4(4) requires the built environment used by clients of services covered by the Regulations to comply with the accessibility requirements in Annex III to the Regulations, in order to maximise its use by persons with disabilities. The proviso to regulation 4(4) makes the obligation without prejudice to similar obligations in any other legislation.
Regulation 14(1) applies the accessibility requirements referred to in regulation 4 only to the extent that compliance does not require a significant change that results in the fundamental alteration of the basic nature of a product or service and does not impose a disproportionate burden on the economic operators concerned.
Annex III extends the accessibility of areas intended for public access to the use of related outdoor areas and facilities, the approaches to buildings and the use of entrances. It also lists the use of paths in horizontal and vertical circulation, of rooms used by the public, of equipment and facilities used in the provision of the service, and of toilets and sanitary facilities.
It lists the use of exits, evacuation routes and concepts for emergency planning, communication and orientation via more than one sensory channel, the use of facilities and buildings for their foreseeable purpose, and protection from hazards in the environment indoors and outdoors.
Article 32(1) of the Equal Opportunities (Persons with Disability) Act gives the Commission for the Rights of Persons with Disability power to carry out inspections and investigations under that Act, its subsidiary legislation and any other applicable law, including the Accessibility Standards for All in the Built Environment Regulations.
Regulation 2 of those Regulations, Subsidiary Legislation 413.03, elevates the standard SM 3800:2015, Accessibility for All in the Built Environment, to the status of subsidiary legislation under that Act.
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