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

Original version:<a href='/vid/directive-2014-23-eu-843258734'>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</a>
 
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Consolidated TEXT: 32014L0023 — EN — 01.01.2020

02014L0023 — EN — 01.01.2020 — 003.001


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

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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


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



Section I

Subject-matter, scope, general principles, definitions and threshold

Article 1

Subject-matter and scope

1. This Directive establishes rules on the procedures for procurement by contracting authorities and contracting entities by means of a concession, whose value is estimated to be not less than the threshold laid down in Article 8.

2. This Directive applies to the award of works or services concessions, to economic operators by:

(a) Contracting authorities; or

(b) Contracting entities, provided that the works or services are intended for the pursuit of one of the activities referred to in Annex II.

3. The application of this Directive is subject to Article 346 TFEU.

4. Agreements, decisions or other legal instruments that organise the transfer of powers and responsibilities for the performance of public tasks between contracting authorities or contracting entities or groupings of contracting authorities or contracting entities, and which do not provide for remuneration to be given for contractual performance, are considered to be a matter of internal organisation of the Member State concerned and, as such, are not affected in any way by this Directive.

Article 2

Principle of free administration by public authorities

1. This Directive recognises the principle of free administration by national, regional and local authorities in conformity with national and Union law. Those authorities are free to decide how best to manage the execution of works or the provision of services, to ensure in particular a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights in public services.

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.

2. This Directive does not affect Member States’ systems of property ownership. In particular it does not require the privatisation of public enterprises providing services to the public.

Article 3

Principle of equal treatment, non-discrimination and transparency

1. Contracting authorities and contracting entities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner.

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.

2. Contracting authorities and contracting...

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