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)Text with EEA relevance
Published date | 01 January 2020 |
Subject Matter | contratación pública de la Unión Europea,appalti pubblici dell'Unione europea,marchés publics de l'Union européenne |
Official Gazette Publication | Diario Oficial de la Unión Europea, L 094, 28 de marzo de 2014,Gazzetta ufficiale dell’Unione europea, L 094, 28 marzo 2014,Journal officiel de l’Union européenne, L 094, 28 mars 2014 |
02014L0023 — EN — 01.01.2024 — 005.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
►B | 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) (OJ L 094 28.3.2014, p. 1) |
Amended by:
Official Journal | ||||
No | page | date | ||
M1 | COMMISSION DELEGATED REGULATION (EU) 2015/2172 of 24 November 2015 | L 307 | 9 | 25.11.2015 |
M2 | COMMISSION DELEGATED REGULATION (EU) 2017/2366 of 18 December 2017 | L 337 | 21 | 19.12.2017 |
M3 | COMMISSION DELEGATED REGULATION (EU) 2019/1827 of 30 October 2019 | L 279 | 23 | 31.10.2019 |
M4 | COMMISSION DELEGATED REGULATION (EU) 2021/1951 of 10 November 2021 | L 398 | 21 | 11.11.2021 |
►M5 | COMMISSION DELEGATED REGULATION (EU) 2023/2497 of 15 November 2023 | L | 1 | 16.11.2023 |
Corrected by:
►C1 | Corrigendum, OJ L 114, 5.5.2015, p. 24 (2014/23/EU) |
►C2 | Corrigendum, OJ L 082, 26.3.2018, p. 17 (2014/23/EU) |
▼B
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)
TITLE I: | SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS |
CHAPTER I: | Scope, general principles and definitions |
SECTION I: | SUBJECT-MATTER, SCOPE, GENERAL PRINCIPLES, DEFINITIONS AND THRESHOLD |
Article 1: | Subject-matter and scope |
Article 2: | Principle of free administration by public authorities |
Article 3: | Principle of equal treatment, non-discrimination and transparency |
Article 4: | Freedom to define services of general economic interest |
Article 5: | Definitions |
Article 6: | Contracting authorities |
Article 7: | Contracting entities |
Article 8: | Threshold and methods for calculating the estimated value of concessions |
Article 9: | Revision of the threshold |
SECTION II: | EXCLUSIONS |
Article 10: | Exclusions applicable to concessions awarded by contracting authorities and contracting entities |
Article 11: | Specific exclusions in the field of electronic communications |
Article 12: | Specific exclusions in the field of water |
Article 13: | Concessions awarded to an affiliated undertaking |
Article 14: | Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture |
Article 15: | Notification of information by contracting entities |
Article 16: | Exclusion of activities which are directly exposed to competition |
Article 17: | Concessions between entities within the public sector |
SECTION III: | GENERAL PROVISIONS |
Article 18: | Duration of the concession |
Article 19: | Social and other specific services |
Article 20: | Mixed contracts |
Article 21: | Mixed procurement contracts involving defence or security aspects |
Article 22: | Contracts covering both activities referred to in Annex II and other activities |
Article 23: | Concessions covering both activities referred to in Annex II and activities involving defence or security aspects |
SECTION IV: | SPECIFIC SITUATIONS |
Article 24: | Reserved concessions |
Article 25: | Research and development services |
CHAPTER II: | Principles |
Article 26: | Economic operators |
Article 27: | Nomenclatures |
Article 28: | Confidentiality |
Article 29: | Rules applicable to communication |
TITLE II: | RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES |
CHAPTER I: | General principles |
Article 30: | General principles |
Article 31: | Concession notices |
Article 32: | Concession award notices |
Article 33: | Form and manner of publication of notices |
Article 34: | Electronic availability of concession documents |
Article 35: | Combating corruption and preventing conflicts of interest |
CHAPTER II: | Procedural guarantees |
Article 36: | Technical and functional requirements |
Article 37: | Procedural guarantees |
Article 38: | Selection of and qualitative assessment of candidates |
Article 39: | Time limits for receipt of applications and tenders for the concession |
Article 40: | Provision of information to candidates and tenderers |
Article 41: | Award criteria |
TITLE III: | RULES ON PERFORMANCE OF CONCESSIONS |
Article 42: | Subcontracting |
Article 43: | Modification of contracts during their term |
Article 44: | Termination of concessions |
Article 45: | Monitoring and Reporting |
TITLE IV: | AMENDMENTS OF DIRECTIVES 89/665/EEC AND 92/13/EEC |
Article 46: | Amendments to Directive 89/665/EEC |
Article 47: | Amendments to Directive 92/13/EEC |
TITLE V: | DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS |
Article 48: | Exercise of the delegation |
Article 49: | Urgency procedure |
Article 50: | Committee Procedure |
Article 51: | Transposition |
Article 52: | Transitional provisions |
Article 53: | Monitoring and reporting |
Article 54: | Entry into force |
Article 55: | Addressees |
ANNEXES: | |
ANNEX I: | LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5 |
ANNEX II: | ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7 |
ANNEX III: | LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2) |
ANNEX IV: | SERVICES REFERRED TO IN ARTICLE 19 |
ANNEX V: | INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31 |
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) |
ANNEX VII: | INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32 |
ANNEX VIII: | INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32 |
ANNEX IX: | FEATURES CONCERNING PUBLICATION |
ANNEX X: | LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3) |
ANNEX XI: | INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43 |
TITLE I
SUBJECT-MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
CHAPTER I
Scope, general principles and definitions
Article 1
Subject-matter and scope
This Directive applies to the award of works or services concessions, to economic operators by:
Contracting authorities; or
Contracting entities, provided that the works or services are intended for the pursuit of one of the activities referred to in Annex II.
Article 2
Principle of free administration by public authorities
Those authorities may choose to perform their public interest tasks with their own resources, or in cooperation with other authorities or to confer them upon economic operators.
Article 3
Principle of equal treatment, non-discrimination and transparency
The design of the concession award procedure, including the estimate of the value, shall not be made with the intention of excluding it from the scope of this Directive or of unduly favouring or disadvantaging certain economic operators or certain works, supplies or services.
Article 4
Freedom to define services of general economic interest
To continue reading
Request your trial