Re: Applicability of EN 301 549 to ICT other than covered by WAD[2016]

Hi Sailesh,

The previous EU procurement directive, Directive 2004/18/EC, didn't reference EN 301 549 because it predated it. However, it did say,
"Contracting authorities should, whenever possible, lay down technical specifications so as to take into account accessibility criteria for people with disabilities or design for all users."

The directive was in force until April 2016. The current procurement directive, Directive 2014/24/EU, contains stronger language with regard to accessibility. See, for example, Article 42, which says,

"For all procurement which is intended for use by natural persons, whether general public or staff of the contracting authority, the technical specifications shall, except in duly justified cases, be drawn up so as to take into account accessibility criteria for persons with disabilities or design for all users.

Where mandatory accessibility requirements are adopted by a legal act of the Union, technical specifications shall, as far as accessibility criteria for persons with disabilities or design for all users are concerned, be defined by reference thereto."

(Source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0024-20220101 )

There is no explicit reference to EN 301 549 because the directive applies to much more than just ICT.

I am not a lawyer, so I am not 100% certain about what the implications are for non-web ICT.
My interpretation is as follows: if a public authority purchases good for which a legal act of the EU has made accessibility mandatory, the technical specifications must define accessibility criteria according to that legal act. This is clearly the case for web sites and apps (due to the Web Accessibility Directive). But the European Accessibility Act, which also applies to non-Web and non-mobile ICT, has not yet entered into force, so purchasing e.g. desktop applications that don't meet EN 301 549 might still conform to the letter of the directive, though not to its spirit.

Best regards,

Christophe Strobbe


> On 08 May 2022 at 04:54 Sailesh Panchang <spanchang02@gmail.com> wrote:
> 
> 
> Hello Listers,
> Does any EU Directive (other than WAD)  reference  EN 301 549?
> In other words how does EN 301 549  apply to ICT other than that
> covered by WAD?
> I recall having seen references to  purchases above EU 50k  being
> covered by the Procurement Directive but cannot find any reference
> easily now.
> Any help is greatly appreciated.
> Thanks,
> Sailesh Panchang
>

Received on Monday, 9 May 2022 12:33:58 UTC