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14-04-2014

Directive of the European Parliament and of the Council on the award of Concession Contracts

Kategoria: Regulacje , Aktualności | Dotyczy: prawny

The new regulations enter into force on 17 April 2014. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive within 24 months after its entry into force.

The new rules will facilitate the conclusion of concessions and therefore of public-private partnerships (ppp), encouraging new investments, promoting a quicker return to sustainable economic growth and contributing to innovation and long-term structural development of infrastructures and services. According to studies, over 60 percent of all ppp contracts in Europe are to be qualified as concessions. In Poland 66 percent of ppp projects are realized under concession rules (including hybrid projects).

Main elements of the Directive 2014/23/UE:

  • A clearer and precise definition of concession (building on the Court's case law);
  • Coverage of works and services concessions both in the utilities sector and in the classic sector (all other sectors not covered by utilities except for water services); 
  • Compulsory publication of concession notices in the Official Journal of the EU, when their value is equal to or greater than € 5 186 000;
  • Adequate solution for dealing with changes to concessions contracts during their term, notably when justified by unforeseen circumstances;
  • Establishment of certain obligations with respect to the selection and award criteria to be followed by entities awarding concessions. These rules aim at ensuring that such criteria are published in advance, are objective and non-discriminatory. In general, they are simpler and more flexible than similar provisions currently applicable to public contracts;
  • No standard mandatory award procedures (negotiations always possible) but instead establishment of certain general guarantees aimed at ensuring transparency and equal treatment (notably, in case of negotiations).

Text of the Directive 2014/23/EU (PDF 1,05 MB)

Frequently asked questions on the new Directive on concessions on the European Commission website  

 

 

 





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