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.
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.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
