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 date01 January 2020
Subject Mattercontratación pública de la Unión Europea,appalti pubblici dell'Unione europea,marchés publics de l'Union européenne
Official Gazette PublicationDiario 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
Consolidated TEXT: 32014L0023 — EN — 01.01.2024

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



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 entities shall aim at ensuring the transparency of the award procedure and of the performance of the contract, while complying with Article 28.

Article 4

Freedom to define services of general economic interest

1.
This Directive does not affect the freedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how those services should be organised and financed, in compliance with the State aid rules, and what specific obligations they should be subject to. Equally, this Directive...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT