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

Thanks Christophe and Mark.
Good to know that some national laws reference EN 301 549 separately.
And the 2014 Procurement Directive based on Article 42 that Christophe
points to  suggests that EN 301 549 needs to be considered for
purchase decisions as it is adopted by the EU.
But the EA Act does not seem to have such a pointer to EN 301 549
though it covers ICT more broadly than the WAD.
Separately, is the 3 years for member states for adopting the EA Act
being extended?
Thanks very much,
Sailesh


On 5/9/22, Christophe Strobbe <strobbe@hdm-stuttgart.de> wrote:
> 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 Tuesday, 10 May 2022 23:37:27 UTC