<<Legal Interoperability Specification>> 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 ()
ID ABB175_SBB1506413940898
dct:type eira:LegalInteroperabilitySpecification
dct:publisher European Parliament and Council
dct:modified 26/09/2017
eira:url http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AJOL_2014_094_R_0001_01
eira:identifier 2014/23/EU
eira:body It sets out the European Union (EU) rules for procurement by public sector contracting authorities and by contracting entities in the utilities sector by means of a concession (e.g. the right to operate infrastructure, such as a motorway, or a service (e.g. a bus route). KEY POINTS Concessions are contracts for pecuniary interest whereby one or more contracting authorities or contracting entities entrusts works or the provision and management of services to one or more companies. Broadly speaking, the contracting authorities here are state, regional or local authorities or bodies governed by public law, while contracting entities are authorities or operators in the utilities sector exercising one of the relevant activities and awarding a concession for carrying them out (detailed definitions of contracting authorities and contracting entities are given in Articles 6 and 7 of the directive). The reward for the works or services consists in the right to exploit them or the right together with payment. The right to exploit implies the transfer to the concessionaire of an operating risk of economic nature involving, in particular, the possibility that the concessionaire will not recover the investments made. The rules on the award of concessions aim to set out a clear legal approach. They also aim to guarantee effective access to the concessions market for all European businesses, including SMEs, and provide them with possibilities for investment in major public services in the future. This directive is part of a package of legal acts designed to modernise public procurement rules across the EU. The reforms will allow public authorities to optimise their use of public procurement. Public contracts that are covered by the EU directives are valued at around €420 billion, making it a key driver of the EU economy. The directive applies to concessions worth €5 225 000 or more (for details, see Article 8). This threshold is subject to change every 2 years (more details in Article 9). FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 17 April 2014. EU countries had to incorporate it into national law by 18 April 2016.