SwedenLag (2016:1146) om upphandling inom försörjningssektorerna (Utilities Procurement Act), accessibility in the technical specifications of procurement
Lag (2016:1146) om upphandling inom försörjningssektorerna, 9 kap. 2 §
In force since .
A procurement conditions rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you sell goods, services or works to a contracting entity in the utilities sectors the Utilities Procurement Act covers and the procurement is for use by natural persons, expect the technical specifications to be set taking account of the needs of all users, including accessibility for persons with disabilities, unless there are special reasons for an exception (Utilities Procurement Act, ch. 9, s. 2, first paragraph; Directive 2014/25/EU, Art. 60(1)).
- Where an act of the European Union has adopted mandatory accessibility requirements, expect the technical specifications to refer to that act, which for the products and services within Directive (EU) 2019/882 means its Annex I requirements (Utilities Procurement Act, ch. 9, s. 2, second paragraph; 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 accessibility requirements in 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.
Chapter 9 section 2 of the Act on Procurement in the Utilities Sectors (2016:1146) requires the technical specifications for what is procured and used by natural persons to be set taking into account the needs of all users, including accessibility for persons with disabilities, with exceptions only for special reasons. Chapter 9 section 2 requires the technical specifications to be set by reference to an act of the European Union that has adopted mandatory accessibility requirements.
In Proposition 2022/23:42 the Government found that the requirements of the Directive have the same meaning as chapter 9 section 2 of both procurement acts. In the same proposition the Government assessed that no amendment to the procurement acts was needed to transpose the Directive. The Act on Procurement in the Utilities Sectors (2016:1146) entered into force on .
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