The contract determines the tariffs to be paid by users and specifies the impact on these tariffs of the parameters or indices that determine their evolution.
The duration of the concession contract is limited. It is determined by the conceding authority according to the nature and amount of the services or investments required of the concessionaire, under the conditions laid down by regulation.
In the field of drinking water, wastewater treatment, household waste and other waste, concession contracts may not have a term of more than twenty years, unless the competent State authority, at the initiative of the granting authority, examines the justification for exceeding this term. The conclusions of this examination are communicated, where appropriate, to the members of the competent decision-making body, before any deliberation by the latter.
The concession granting authority may require tenderers:1° To entrust to small and medium-sized enterprises, within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, a minimum share fixed by regulation of the works or services covered by the concession contract.The provisions of the previous paragraph do not apply to economic operators that are contracting authorities or contracting entities;2° To entrust…
Economic operators who have joined together to obtain concession contracts are not considered to be third parties, nor are companies linked to them within the meaning of Article L. 3211-8.
Concession contracts are awarded in accordance with the procedural rules set out in Chapters I to V of this Title, subject to the specific rules for certain concessions set out in Chapter VI of this Title.
The concession-granting authority is free to organise an advertising and competitive tendering procedure leading to the selection of the concessionaire in compliance with the provisions of Chapters I to V of this Title and the procedural rules laid down by decree in the Conseil d’Etat. It may have recourse to negotiation. These provisions apply subject to the specific rules of Chapter VI of this Title.
Notwithstanding the provisions of article L. 3121-1, the concession-granting authority may award a concession contract without prior advertising or competitive tendering in the cases set by decree in the Conseil d’Etat, when, due in particular to the existence of an unsuccessful initial procedure or a particular urgency, compliance with such a procedure is unnecessary or impossible or manifestly contrary to the interests of the concession-granting authority.
In order to encourage the widest possible competition, the concession-granting authorities shall advertise under the conditions and subject to the exceptions defined by decree in the Conseil d’Etat, depending on the subject of the concession contract or its estimated value excluding tax.
The conceding authority records, by any appropriate means, the stages in the procedure for awarding concession contracts.
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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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