What EU Directive 2014/23/EU on the award of concession contracts requires
Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts establishes the EU-level framework for awarding works and services concession contracts by contracting authorities and contracting entities. Art. 5 contains the definitions, including the operational risk transfer requirement that distinguishes a concession from a public contract. Art. 8 sets the financial threshold for application of the Directive (currently 5.382 million euro after Regulation 2023/2497, calculated by reference to the estimated total turnover of the concessionaire over the duration of the concession excluding VAT). Art. 18 establishes the principles of equal treatment, non-discrimination, transparency and proportionality, with maximum concession duration of five years unless justified. Arts. 28 and 29 govern technical and functional requirements for concession specifications. Art. 30 establishes general principles of award procedure flexibility while requiring basic guarantees of transparency and equal treatment. Art. 31 governs concession notice publication in the Official Journal. Arts. 37 and 38 cover procedural guarantees and selection criteria. Art. 41 covers award criteria. Art. 42 governs subcontracting. Art. 43 governs modification of contracts during their term. Art. 46 establishes the review and remedy regime by reference to Directive 89/665/EEC.
Pillar: Public Sector & Government Procurement · Authority: European Parliament and Council of the European Union · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0023
SHA-256 integrity: 24f363526896fdc52a6d935fdbeee9644465d244daa63eec164d1dc6c552da69
Primary Citations — 11 traced to source
- Directive 2014/23/EU, Art. 5 - Definitions (concession contract, operational risk transfer)
- Directive 2014/23/EU, Art. 8 - Thresholds and methods of calculating the estimated value of concessions
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