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)
TITLE I
SUBJECT-MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
CHAPTER I
Scope, general principles and definitions
Section I
Subject-matter, scope, general principles, definitions and threshold
Article 1
Subject-matter and scope
Article 2
Principle of free administration by public authorities
Article 3
Principle of equal treatment, non-discrimination and transparency
Article 4
Freedom to define services of general economic interest
Article 5
Definitions
Article 6
Contracting authorities
Article 7
Contracting entities
Article 8
Threshold and methods for calculating the estimated value of concessions
Article 9
Revision of the threshold
Section II
Exclusions
Article 10
Exclusions applicable to concessions awarded by contracting authorities and contracting entities
Article 11
Specific exclusions in the field of electronic communications
Article 12
Specific exclusions in the field of water
Article 13
Concessions awarded to an affiliated undertaking
Article 14
Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
Article 15
Notification of information by contracting entities
Article 16
Exclusion of activities which are directly exposed to competition
Article 17
Concessions between entities within the public sector
Section III
General provisions
Article 18
Duration of the concession
Article 19
Social and other specific services
Article 20
Mixed contracts
Article 21
Mixed procurement contracts involving defence or security aspects
Article 22
Contracts covering both activities referred to in Annex II and other activities
Article 23
Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
Section IV
Specific situations
Article 24
Reserved concessions
Article 25
Research and development services
CHAPTER II
Principles
Article 26
Economic operators
Article 27
Nomenclatures
Article 28
Confidentiality
Article 29
Rules applicable to communication
TITLE II
RULES ON THE AWARD OF CONCESSIONS:
GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES
CHAPTER I
General principles
Article 30
General principles
Article 31
Concession notices
Article 32
Concession award notices
Article 33
Form and manner of publication of notices
Article 34
Electronic availability of concession documents
Article 35
Combating corruption and preventing conflicts of interest
CHAPTER II
Procedural guarantees
Article 36
Technical and functional requirements
Article 37
Procedural guarantees
Article 38
Selection and qualitative assessment of candidates
Article 39
Time limits for receipt of applications and tenders for the concession
Article 40
Provision of information to candidates and tenderers
Article 41
Award criteria
TITLE III
RULES ON PERFORMANCE OF CONCESSIONS
Article 42
Subcontracting
Article 43
Modification of contracts during their term
Article 44
Termination of concessions
Article 45
Monitoring and reporting
TITLE IV
AMENDMENTS TO DIRECTIVES 89/665/EEC AND 92/13/EEC
Article 46
Amendments to Directive 89/665/EEC
Article 47
Amendments to Directive 92/13/EEC
TITLE V
DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
Article 48
Exercise of the delegation
Article 49
Urgency procedure
Article 50
Committee Procedure
Article 51
Transposition
Article 52
Transitional provisions
Article 53
Monitoring and reporting
Article 54
Entry into force
Article 55
Addressees
ANNEX I
NACE Rev. 1(2) |
CPV code |
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SECTION F |
CONSTRUCTION |
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Division |
Group |
Class |
Subject |
Notes |
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45 |
|
|
Construction |
This division includes: construction of new buildings and works, restoring and common repairs. |
45000000 |
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|
45.1 |
|
Site preparation |
|
45100000 |
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|
|
45.11 |
Demolition and wrecking of buildings; earth moving |
This class includes:
This class also includes:
|
45110000 |
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|
|
45.12 |
Test drilling and boring |
This class includes:
This class excludes:
|
45120000 |
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|
45.2 |
|
Building of complete constructions or parts thereof; civil engineering |
|
45200000 |
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|
45.21 |
General construction of buildings and civil engineering works |
This class includes:
This class excludes:
|
45210000 Except: – 45213316 45220000 45231000 45232000 |
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|
|
45.22 |
Erection of roof covering and frames |
This class includes:
|
45261000 |
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|
|
45.23 |
Construction of highways, roads, airfields and sport facilities |
This class includes:
This class excludes:
|
45212212 and DA03 45230000 except: – 45231000 – 45232000 – 45234115 |
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|
45.24 |
Construction of water projects |
This class includes construction of:
|
45240000 |
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|
45.25 |
Other construction work involving special trades |
This class includes:
This class excludes:
|
45250000 45262000 |
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|
45.3 |
|
Building installation |
|
45300000 |
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|
|
45.31 |
Installation of electrical wiring and fittings |
This class includes: installation in buildings or other construction projects of:
|
45213316 45310000 Except: – 45316000 |
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|
|
45.32 |
Insulation work activities |
This class includes:
This class excludes:
|
45320000 |
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|
45.33 |
Plumbing |
This class includes:
This class excludes:
|
45330000 |
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|
|
45.34 |
Other building installation |
This class includes:
|
45234115 45316000 45340000 |
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|
45.4 |
|
Building completion |
|
45400000 |
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|
45.41 |
Plastering |
This class includes:
|
45410000 |
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|
45.42 |
Joinery installation |
This class includes:
This class excludes:
|
45420000 |
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|
|
45.43 |
Floor and wall covering |
This class includes:
|
45430000 |
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|
|
45.44 |
Painting and glazing |
This class includes:
This class excludes:
|
45440000 |
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|
|
45.45 |
Other building completion |
This class includes:
This class excludes:
|
45212212 and DA04 45450000 |
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|
45.5 |
|
Renting of construction or demolition equipment with operator |
|
45500000 |
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|
|
45.50 |
Renting of construction or demolition equipment with operator |
This class excludes:
|
45500000 |
ANNEX II
ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7
ANNEX III
LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)
ANNEX IV
Description |
CPV Code |
79611000-0; 75200000-8; 75231200-6; 75231240-8; 79622000-0 [Supply services of domestic help personnel]; 79624000-4 [Supply services of nursing personnel] and 79625000-1 [Supply services of medical personnel] from 85000000-9 to 85323000-9; 85143000-3, 98133100-5, 98133000-4 and 98200000-5 and 98500000-8 [Private households with employed persons] and 98513000-2 to 98514000-9 [Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services], |
Health, social and related services |
85321000-5 and 85322000-2, 75000000-6 [Administration, defence and social security services], 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92342200-2; from 92360000-2 to 92700000-8; 79950000-8 [Exhibition, fair and congress organisation services], 79951000-5 [Seminar organisation services], 79952000-2 [Event services], 79952100-3 [Cultural event organisation services], 79953000-9 [Festival organisation services], 79954000-6 [Party organisation services], 79955000-3[Fashion shows organisation services], 79956000-0 [Fair and exhibition organisation services] |
Administrative, social, educational, healthcare and cultural services |
75300000-9 |
Compulsory social security services(1) |
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 |
Benefit services |
98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 |
Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services. |
98131000-0 |
Religious services |
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 [55521000-8 Catering services for private households, 55521100-9 Meals-on-wheels services, 55521200-0 Meal delivery service]. 55520000-1 Catering services, 55522000-5 Catering services for transport enterprises, 55523000-2 Catering services for other enterprises or other institutions, 55524000-9 School catering services 55510000-8 Canteen services, 55511000-5 Canteen and other restricted-clientele cafeteria services, 55512000-2 Canteen management services, 55523100-3 School-meal services |
Hotel and restaurant services |
79100000-5 to 79140000-7; 75231100-5; |
Legal services, to the extent not excluded pursuant to Article 10(8)(d) |
75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3 |
Other administrative services and government services |
75200000-8 to 75231000-4 |
Provision of services to the community |
75231210-9 to 75231230-5; 75240000-0 to 75252000-7; 794300000-7; 98113100-9 |
Prison related services, public security and rescue services, to the extent not excluded pursuant to point (g) of Article 10(8) |
79700000-1 to 79721000-4 [Investigation and security services, Security services, Alarm-monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services] 79722000-1[Graphology services], 79723000-8 [Waste analysis services] |
Investigation and security services |
64000000-6 [Postal and telecommunications services], 64100000-7 [Post and courier services], 64110000-0 [Postal services], 64111000-7 [Postal services related to newspapers and periodicals], 64112000-4 [Postal services related to letters], 64113000-1 [Postal services related to parcels], 64114000-8 [Post office counter services], 64115000-5 [Mailbox rental], 64116000-2 [Post-restante services], 64122000-7 [Internal office mail and messenger services] |
Postal Services |
50116510-9 [Tyre-remoulding services], 71550000-8 [Blacksmith services] |
Miscellaneous services |
98900000-2 [Services provided by extra-territorial organisations and bodies] and 98910000-5 [Services specific to international organisations and bodies] |
International services |