French Business Law - French Legislation

Article L3113-3 of the French Public procurement code

November 8, 2023

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.

Article L3114-1 of the French Public procurement code

November 8, 2023

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.

Article L3114-2 of the French Public procurement code

November 8, 2023

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.

Article L3114-3 of the French Public procurement code

November 8, 2023

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…

Article L3114-4 of the French Public procurement code

November 8, 2023

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.

Article L3114-5 of the French Public procurement code

November 8, 2023

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.

Article L3114-6 of the French Public procurement code

November 8, 2023

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.

Article L3114-7 of the French Public procurement code

November 8, 2023

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.

Article L3114-8 of the French Public procurement code

November 8, 2023

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.

Article L3114-9 of the French Public procurement code

November 8, 2023

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…

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Article L3113-3 of the French Public procurement code

Article L3114-1 of the French Public procurement code

Article L3114-2 of the French Public procurement code

Article L3114-3 of the French Public procurement code

Article L3114-4 of the French Public procurement code

Article L3114-5 of the French Public procurement code

Article L3114-6 of the French Public procurement code

Article L3114-7 of the French Public procurement code

Article L3114-8 of the French Public procurement code

Article L3114-9 of the French Public procurement code

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Book I: GENERAL PROVISIONS

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Do you need French-law advice? Contact our Lawyers in France.

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