SloveniaPublic Procurement Act (ZJN-3), accessibility criteria in the technical specifications of public procurement and in quality assurance certificates (Articles 68(3) and 78(1), with Article 3(5) of the ZDPSI)
Zakon o javnem naročanju (ZJN-3) Uradni list RS, št. 91/15, 14/18, 121/21, 10/22, 74/22 – odl. US, 100/22 – ZNUZSZS, 28/23, 88/23 – ZOPNN-F in 83/25 – ZOUL, 68. člen (3. odstavek) in 78. člen (1. odstavek)
In force since .
A procurement conditions rule binding public and private bodies.
What it requires
- If you sell goods, services or works to a contracting authority under the ZJN-3 and what you sell will be used by natural persons (the public or the authority's staff), expect the technical specifications of the tender to take into account accessibility criteria for persons with disabilities or design for all users, except in duly justified exceptional cases (Art. 68(3)).
- Where mandatory accessibility requirements are set by a directly applicable EU legal act, expect the technical specifications to refer to that act (Art. 68(3)); the accessibility conditions of the ZDPSI for the products and services within its Art. 3 are mandatory accessibility requirements that the authority takes into account in the technical specifications (ZDPSI Art. 3(5), in force since ).
- If the authority asks you for a certificate of an independent body that you meet quality assurance standards, including accessibility for persons with disabilities, it refers to quality assurance systems based on the relevant series of European standards certified by accredited bodies and accepts equivalent certificates issued in other Member States (Art. 78(1)).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The contracting authority that drafts the technical specifications under Article 68; the Act's remedies and supervision are those of the Public Procurement Act.
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a procurement by a contracting authority named in Article 9(1) of the Act: a body of the Republic or of a self-governing local community, another person governed by public law, a public undertaking active in an infrastructure area, or an entity with special or exclusive rights in such an area
- a procurement object that natural persons, whether the general public or the authority's staff, will use (Article 68(3))
What this law does
Article 1 of the ZJN-3 states that the Act transposes Directive 2014/24/EU and Directive 2014/25/EU. Article 9(1) names as contracting authorities the bodies of the Republic and of self-governing local communities, other persons governed by public law, public undertakings active in infrastructure areas, and entities holding special or exclusive rights in those areas.
Article 68(3) requires the contracting authority, for all procurement objects that natural persons, whether the public or the authority's staff, will use, to take into account accessibility criteria for persons with disabilities or design for all users when drawing up the technical specifications, except in duly justified exceptional cases. Article 68(3) also requires the technical specifications to refer to a directly applicable EU legal act that sets mandatory accessibility requirements.
Article 3(5) of the ZDPSI, added by the ZDPSI-A and in force from , makes the accessibility conditions for the products and services within the Act mandatory accessibility requirements to be taken into account in the technical specifications of public procurement. Article 18(1) of the ZDPSI-A has procurement procedures whose contract notices were sent for publication before it entered into force completed under the earlier rules.
Article 24(1) of Directive (EU) 2019/882 makes the accessibility requirements of 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. Article 4(3) of the ZDPSI excludes Article 25.a and Chapter VII, the consumer proceedings and the offences, from the procurement procedures governed by the procurement law.
Article 78(1) requires a contracting authority that asks for a certificate from an independent body on quality assurance standards, including accessibility for persons with disabilities, to refer to quality assurance systems based on the relevant series of European standards certified by accredited bodies, and to accept equivalent certificates from other Member States.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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