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Directive 2014/23/EU of the European Parliament and of the CouncilShow full title

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (Text with EEA relevance)

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

  1. Introductory Text

  2. TITLE I SUBJECT-MATTER, SCOPE, PRINCIPLES AND DEFINITIONS

    1. CHAPTER I Scope, general principles and definitions

      1. Section I Subject-matter, scope, general principles, definitions and threshold

        1. Article 1.Subject-matter and scope

        2. Article 2.Principle of free administration by public authorities

        3. Article 3.Principle of equal treatment, non-discrimination and transparency

        4. Article 4.Freedom to define services of general economic interest

        5. Article 5.Definitions

        6. Article 6.Contracting authorities

        7. Article 7.Contracting entities

        8. Article 8.Threshold and methods for calculating the estimated value of concessions

        9. Article 9.Revision of the threshold

      2. Section II Exclusions

        1. Article 10.Exclusions applicable to concessions awarded by contracting authorities and contracting entities

        2. Article 11.Specific exclusions in the field of electronic communications

        3. Article 12.Specific exclusions in the field of water

        4. Article 13.Concessions awarded to an affiliated undertaking

        5. Article 14.Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture

        6. Article 15.Notification of information by contracting entities

        7. Article 16.Exclusion of activities which are directly exposed to competition

        8. Article 17.Concessions between entities within the public sector

      3. Section III General provisions

        1. Article 18.Duration of the concession

        2. Article 19.Social and other specific services

        3. Article 20.Mixed contracts

        4. Article 21.Mixed procurement contracts involving defence or security aspects

        5. Article 22.Contracts covering both activities referred to in Annex II and other activities

        6. Article 23.Concessions covering both activities referred to in Annex II and activities involving defence or security aspects

      4. Section IV Specific situations

        1. Article 24.Reserved concessions

        2. Article 25.Research and development services

    2. CHAPTER II Principles

      1. Article 26.Economic operators

      2. Article 27.Nomenclatures

      3. Article 28.Confidentiality

      4. Article 29.Rules applicable to communication

  3. TITLE II RULES ON THE AWARD OF CONCESSIONS:

    1. CHAPTER I General principles

      1. Article 30.General principles

      2. Article 31.Concession notices

      3. Article 32.Concession award notices

      4. Article 33.Form and manner of publication of notices

      5. Article 34.Electronic availability of concession documents

      6. Article 35.Combating corruption and preventing conflicts of interest

    2. CHAPTER II Procedural guarantees

      1. Article 36.Technical and functional requirements

      2. Article 37.Procedural guarantees

      3. Article 38.Selection and qualitative assessment of candidates

      4. Article 39.Time limits for receipt of applications and tenders for the concession

      5. Article 40.Provision of information to candidates and tenderers

      6. Article 41.Award criteria

  4. TITLE III RULES ON PERFORMANCE OF CONCESSIONS

    1. Article 42.Subcontracting

    2. Article 43.Modification of contracts during their term

    3. Article 44.Termination of concessions

    4. Article 45.Monitoring and reporting

  5. TITLE IV AMENDMENTS TO DIRECTIVES 89/665/EEC AND 92/13/EEC

    1. Article 46.Amendments to Directive 89/665/EEC

    2. Article 47.Amendments to Directive 92/13/EEC

  6. TITLE V DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

    1. Article 48.Exercise of the delegation

    2. Article 49.Urgency procedure

    3. Article 50.Committee Procedure

    4. Article 51.Transposition

    5. Article 52.Transitional provisions

    6. Article 53.Monitoring and reporting

    7. Article 54.Entry into force

    8. Article 55.Addressees

    1. ANNEX I

    2. ANNEX II

      ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7

      1. The provisions of this Directive governing concessions awarded by contracting...

      2. As far as gas and heat are concerned: the provision...

    3. ANNEX III

      LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)

      1. Rights which have been granted by means of a procedure...

      2. Granting authorisation to operate natural gas installations in accordance with...

    4. ANNEX IV

    5. ANNEX V

      INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31

      1. 1. Name, identification number (where provided for in national legislation), address,...

      2. 2. Type of contracting authority or entity and main activity exercised....

      3. 3. If the applications are to contain tenders, e-mail or internet...

      4. 4. Description of the concession: nature and extent of works, nature...

      5. 5. CPV codes. Where the concession is divided into lots, this...

      6. 6. NUTS code for the main location of works in case...

      7. 7. Conditions for participation, including:

      8. 8. Time limit for the submission of applications or receipt of...

      9. 9. Criteria which will be applied in the award of the...

      10. 10. Date of dispatch of the notice.

      11. 11. Name and address of the body responsible for appeal and,...

      12. 12. Where appropriate, particular conditions to which performance of the concession...

      13. 13. Address where applications or tenders shall be transmitted.

      14. 14. Where appropriate, indication of requirements and conditions related to the...

      15. 15. Information as to whether the concession is related to a...

      16. 16. For works concessions, indication as to whether the concession is...

    6. ANNEX VI

      INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)

      1. Name, identification number (where provided for in national legislation), address...

    7. ANNEX VII

      INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32

      1. 1. Name, identification number (where provided for in national legislation), address...

      2. 2. Type of contracting authority or entity and main activity exercised....

      3. 3. CPV codes.

      4. 4. NUTS code for the main location of works in case...

      5. 5. Description of the concession: nature and extent of works, nature...

      6. 6. Description of award procedure used, in the case of award...

      7. 7. Criteria referred to in Article 41 which were used for...

      8. 8. Date of concession award decision or decisions.

      9. 9. Number of tenders received with respect of each award, including:...

      10. 10. For each award, name, address including NUTS code and, where...

      11. 11. Value and main financial terms of the awarded concession, including:...

      12. 12. Information whether the concession is related to a project and/or...

      13. 13. Name and address of the body responsible for review and,...

      14. 14. Date(s) and reference(s) of previous publications in the Official Journal...

      15. 15. Date of dispatch of the notice.

      16. 16. Method used to calculate the estimated value of the concession,...

      17. 17. Any other relevant information.

    8. ANNEX VIII

      INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32

      1. 1. Name, identification number (where provided for in national legislation), address...

      2. 2. Type of contracting authority or entity and main activity exercised....

      3. 3. CPV codes; where the contract is divided into lots, this...

      4. 4. Summary indication of the subject of the concession.

      5. 5. Number of tenders received.

      6. 6. Value of the successful tender, including fees and prices.

      7. 7. Name and address including NUTS code, telephone, fax number, e-mail...

      8. 8. Any other relevant information.

    9. ANNEX IX

      FEATURES CONCERNING PUBLICATION

      1. 1. Publication of notices

      2. 2. Format and procedures for sending notices electronically

    10. ANNEX X

      LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)

      1. ILO Convention 87 on Freedom of Association and the Protection...

    11. ANNEX XI

      INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43

      1. 1. Name, identification number (where provided for in national legislation), address...

      2. 2. CPV codes.

      3. 3. NUTS code for the main location of works in case...

      4. 4. Description of the concession before and after the modification: nature...

      5. 5. Where applicable, modification of value of the concession, including increase...

      6. 6. Description of the circumstances which have rendered necessary the modification....

      7. 7. Date of concession award decision.

      8. 8. Where applicable, the name, address including NUTS code telephone, fax...

      9. 9. Information whether the concession is related to a project and/or...

      10. 10. Name and address of the body responsible for review and,...

      11. 11. Date(s) and reference(s) of previous publications in the Official Journal...

      12. 12. Date of dispatch of the notice.

      13. 13. Any other relevant information.

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