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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)RecitalsTitle 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)Article 1 Subject-matter and scopeArticle 2 Principle of free administration by public authoritiesArticle 3 Principle of equal treatment, non-discrimination and transparencyArticle 4 Freedom to define services of general economic interestArticle 5 DefinitionsArticle 6 Contracting authoritiesArticle 7 Contracting entitiesArticle 8 Threshold and methods for calculating the estimated value of concessionsArticle 9 Revision of the thresholdSection II Exclusions (arts. 10-17)Article 10 Exclusions applicable to concessions awarded by contracting authorities and contracting entitiesArticle 11 Specific exclusions in the field of electronic communicationsArticle 12 Specific exclusions in the field of waterArticle 13 Concessions awarded to an affiliated undertakingArticle 14 Concessions awarded to a joint venture or to a contracting entity forming part of a joint ventureArticle 15 Notification of information by contracting entitiesArticle 16 Exclusion of activities which are directly exposed to competitionArticle 17 Concessions between entities within the public sectorSection III General provisions (arts. 18-23)Article 18 Duration of the concessionArticle 19 Social and other specific servicesArticle 20 Mixed contractsArticle 21 Mixed procurement contracts involving defence or security aspectsArticle 22 Contracts covering both activities referred to in Annex II and other activitiesArticle 23 Concessions covering both activities referred to in Annex II and activities involving defence or security aspectsSection IV Specific situations (arts. 24-25)Article 24 Reserved concessionsArticle 25 Research and development servicesChapter II Principles (arts. 26-29)Article 26 Economic operatorsArticle 27 NomenclaturesArticle 28 ConfidentialityArticle 29 Rules applicable to communicationTitle II Rules on the award of concessions: General principles and procedural guarantees (arts. 30-41)Chapter I General principles (arts. 30-35)Article 30 General principlesArticle 31 Concession noticesArticle 32 Concession award noticesArticle 33 Form and manner of publication of noticesArticle 34 Electronic availability of concession documentsArticle 35 Combating corruption and preventing conflicts of interestChapter II Procedural guarantees (arts. 36-41)Article 36 Technical and functional requirementsArticle 37 Procedural guaranteesArticle 38 Selection and qualitative assessment of candidatesArticle 39 Time limits for receipt of applications and tenders for the concessionArticle 40 Provision of information to candidates and tenderersArticle 41 Award criteriaTitle III Rules on performance of concessions (arts. 42-45)Article 42 SubcontractingArticle 43 Modification of contracts during their termArticle 44 Termination of concessionsArticle 45 Monitoring and reportingTitle IV Amendments to directives 89/665/EEC and 92/13/EEC (arts. 46-47)Article 46 Amendments to Directive 89/665/EECArticle 47 Amendments to Directive 92/13/EECTitle V Delegated powers, implementing powers and final provisions (arts. 48-55)Article 48 Exercise of the delegation  Article 49 Urgency procedureArticle 50 Committee ProcedureArticle 51 TranspositionArticle 52 Transitional provisionsArticle 53 Monitoring and reportingArticle 54 Entry into forceArticle 55 AddresseesAnnex I List of the activities referred to in point (7) of article (5)Annex II Activities exercise by contracting entities as referred to in article 7Annex III List of legal acts of the union referred to in point (b) of article 7(2)Annex IV Services referred to in article 19Annex V Information to be included in concession notice referred to in article 31Annex 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 32Annex VIII information to be included in concession award notices concerning concessions for social and other specific services, as referred to in article 32Annex IX Features concerning publicationAnnex 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 43Done at
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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 17 April 2014 - onwards
Version 2 of 2

Article 21 Mixed procurement contracts involving defence or security aspects

1. In the case of mixed contracts which have as their subject- matter elements of a concession covered by this Directive and procurement or other elements covered by Article 346 TFEU or Directive 2009/81/EC this Article shall apply.

In the case of contracts intended to cover several activities, one of them being subject either to Annex II of this Directive or to Directive 2014/25/EU, and another being covered by Article 346 TFEU or Directive 2009/81/EC, the applicable provisions shall be established in accordance with, Article 23 of this Directive and Article 26 of 2014/25/EU, respectively.

2. Where the different parts of a given contract are objec­ tively separable, contracting authorities or contracting entities may choose to award separate contracts for the separate parts or to award a single contract.

Where contracting authorities or contracting entities choose to award separate contracts for separate parts, the decision of the legal regime applicable to any one of such separate contracts shall be taken on the basis of the characteristics of the separate part concerned.

Where contracting authorities or contracting entities choose to award a single contract, the following criteria shall apply to determine the applicable legal regime:

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