Concession contracts entered into by a consortium in which local authorities or local public bodies hold a majority stake are subject to the rules set out in this Part and in the preliminary chapter of Title I of Book IV of Part I of the General Local Authorities Code and, where applicable, in Chapter I of Title I of Book IV of Part I of the said Code.
Concession contracts may be reserved for adapted companies mentioned in article L. 5213-13 of the French Labour Code, for establishments and services providing assistance through work mentioned in article L. 344-2 of the Code de l’action sociale et des familles and equivalent structures, where they employ a minimum proportion, set by regulation, of disabled workers who, due to the nature or severity of their impairments, are unable to work under…
Concession contracts may be reserved for economic integration structures mentioned in article L. 5132-4 of the Labour Code and equivalent structures, where they employ a minimum proportion, set by regulation, of disadvantaged workers.
Concession contracts may be reserved for economic operators who operate them as part of the production of goods and services that they provide in prisons and who employ prisoners in a minimum proportion set by regulation, in accordance with the conditions set out in articles L. 412-10 to L. 412-18 of the Prison Code.
A conceding authority may not reserve a concession contract for economic operators who satisfy both the conditions of article L. 3113-1 and those of article L. 3113-2. A conceding authority may not reserve a concession contract both for economic operators who meet the conditions of article L. 3113-2-1 and for economic operators mentioned in the first paragraph of this article who do not meet these same conditions.
The concession contract shall be concluded in writing.It may not contain clauses whereby the concessionaire assumes responsibility for the performance of services, works or payments unrelated to the purpose of the concession.
The conditions of performance of a concession contract may take into account considerations relating to the economy, innovation, the environment, the social field or employment, provided that they are linked to the subject of the concession contract.
The awarding authority may require, in particular in defence or security concession contracts, as part of the performance conditions, that the resources used to perform all or part of the concession, or to maintain or modernise the works or services performed, be located within the territory of the Member States of the European Union, in order, in particular, to take account of environmental or social considerations or to ensure the…
The amounts and methods of calculating the entry fees and royalties paid by the concessionaire to the conceding authority must be justified in the concession contract.
The payment by the concessionaire of entry fees to the concession granting authority is prohibited when the concession contract concerns drinking water, sewerage or household waste and other waste.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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