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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Published date: 28 March 2014

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)

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Recitals
Title I Subject-matter, scope, principles and definitions (arts. 1-29)
Chapter I  Scope, general principles and definitions (arts. 1-25)
Section I Subject - matter, scope, general principles, definitions and threshold (arts. 1-9)
Entered into force
Article 1 Subject-matter and scope
Entered into force
Article 2 Principle of free administration by public authorities
Entered into force
Article 3 Principle of equal treatment, non-discrimination and transparency
Entered into force
Article 4 Freedom to define services of general economic interest
Entered into force
Article 5 Definitions
Entered into force
Article 6 Contracting authorities
Entered into force
Article 7 Contracting entities
Amended
Article 8 Threshold and methods for calculating the estimated value of concessions
Entered into force
Article 9 Revision of the threshold
Section II Exclusions (arts. 10-17)
Entered into force
Article 10 Exclusions applicable to concessions awarded by contracting authorities and contracting entities
Entered into force
Article 11 Specific exclusions in the field of electronic communications
Entered into force
Article 12 Specific exclusions in the field of water
Entered into force
Article 13 Concessions awarded to an affiliated undertaking
Entered into force
Article 14 Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
Entered into force
Article 15 Notification of information by contracting entities
Entered into force
Article 16 Exclusion of activities which are directly exposed to competition
Entered into force
Article 17 Concessions between entities within the public sector
Section III General provisions (arts. 18-23)
Entered into force
Article 18 Duration of the concession
Entered into force
Article 19 Social and other specific services
Entered into force
Article 20 Mixed contracts
Entered into force
Article 21 Mixed procurement contracts involving defence or security aspects
Entered into force
Article 22 Contracts covering both activities referred to in Annex II and other activities
Entered into force
Article 23 Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
Section IV Specific situations (arts. 24-25)
Entered into force
Article 24 Reserved concessions
Entered into force
Article 25 Research and development services
Chapter II Principles (arts. 26-29)
Entered into force
Article 26 Economic operators
Entered into force
Article 27 Nomenclatures
Entered into force
Article 28 Confidentiality
Entered into force
Article 29 Rules applicable to communication
Title II Rules on the award of concessions: General principles and procedural guarantees (arts. 30-41)
Chapter I General principles (arts. 30-35)
Entered into force
Article 30 General principles
Amended
Article 31 Concession notices
Entered into force
Article 32 Concession award notices
Amended
Article 33 Form and manner of publication of notices
Entered into force
Article 34 Electronic availability of concession documents
Entered into force
Article 35 Combating corruption and preventing conflicts of interest
Chapter II Procedural guarantees (arts. 36-41)
Entered into force
Article 36 Technical and functional requirements
Entered into force
Article 37 Procedural guarantees
Entered into force
Article 38 Selection and qualitative assessment of candidates
Entered into force
Article 39 Time limits for receipt of applications and tenders for the concession
Entered into force
Article 40 Provision of information to candidates and tenderers
Entered into force
Article 41 Award criteria
Title III Rules on performance of concessions (arts. 42-45)
Entered into force
Article 42 Subcontracting
Entered into force
Article 43 Modification of contracts during their term
Entered into force
Article 44 Termination of concessions
Entered into force
Article 45 Monitoring and reporting
Title IV Amendments to directives 89/665/EEC and 92/13/EEC (arts. 46-47)
Entered into force
Article 46 Amendments to Directive 89/665/EEC
Entered into force
Article 47 Amendments to Directive 92/13/EEC
Title V Delegated powers, implementing powers and final provisions (arts. 48-55)
Entered into force
Article 48 Exercise of the delegation  
Entered into force
Article 49 Urgency procedure
Entered into force
Article 50 Committee Procedure
Entered into force
Article 51 Transposition
Entered into force
Article 52 Transitional provisions
Entered into force
Article 53 Monitoring and reporting
Entered into force
Article 54 Entry into force
Entered into force
Article 55 Addressees
Entered into force
Annex I List of the activities referred to in point (7) of article (5)
Amended
Annex II Activities exercise by contracting entities as referred to in article 7
Entered into force
Annex III List of legal acts of the union referred to in point (b) of article 7(2)
Amended
Annex IV Services referred to in article 19
Entered into force
Annex V Information to be included in concession notice referred to in article 31
Entered into force
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)
Entered into force
Annex VII Information to be included in concession award notices, as referred to in article 32
Entered into force
Annex VIII information to be included in concession award notices concerning concessions for social and other specific services, as referred to in article 32
Entered into force
Annex IX Features concerning publication
Entered into force
Annex X List of international social and environmental conventions referred to in article 30(3)
Entered into force
Annex XI Information to be included in notices of modifications of a concession during its term according to article 43
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