Law / Romania

Sectoral Procurement Law, accessibility in technical specifications, quality certification and award factors

Legea nr. 99/2016 privind achizițiile sectoriale, art. 165 alin. (4)-(5), art. 195 alin. (1) și art. 209 alin. (5) lit. a)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2026. Publisher's page: https://legislatie.just.ro/Public/DetaliiDocument/178661

In force since .

A procurement conditions rule binding public and private bodies.

Instrument type
an act of a legislature

What it requires

  • If you tender for a contract intended for use by natural persons, whether the general public or the staff of the contracting entity, expect the technical specifications to take account of the accessibility requirements of persons with disabilities or of design for all users, unless duly justified otherwise (Law 99/2016, Art. 165(4); implements Directive 2014/25/EU, Art. 60).
  • Where an act of the European Union introduces mandatory accessibility requirements, expect the technical specifications to refer to those requirements (Art. 165(5)); for the products and services covered by Law 232/2022, the accessibility requirements of Annex 1 to that Act are those requirements (Law 232/2022, Art. 24(1); Directive (EU) 2019/882, Art. 24(1)).
  • The contracting entity may require you to hold certifications from independent bodies attesting compliance with quality assurance standards, including on accessibility for persons with disabilities, by reference to the relevant European standards certified by accredited bodies (Art. 195(1)).
  • The contracting entity may use quality factors that include accessibility and design for all users in choosing the winning tender (Art. 209(5)(a)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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Article 165(4) requires the technical specifications of all procurements intended for use by natural persons, whether the general public or the staff of the contracting entity, to take account of the accessibility requirements of persons with disabilities or of design for all users, except in duly justified cases. Article 165(5) requires the technical specifications to refer to the mandatory accessibility requirements where an act of the European Union introduces them.

Article 24(1) of Law 232/2022 makes the accessibility requirements of Annex 1 to that Act mandatory accessibility requirements within the meaning of Article 165(1) and (5) of Law 99/2016 for the products and services in Article 2 of Law 232/2022.

Article 195(1) lets the contracting entity require certifications from independent bodies attesting compliance with quality assurance standards, including on accessibility for persons with disabilities, by reference to the relevant European standards certified by accredited bodies. Article 209(5)(a) lets the award factors relate to quality, including accessibility and design for all users.

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