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Chapter I: Transparency and the conceding authority's information report

Article L3131-1 of the French Public procurement code

Under conditions laid down by regulation, the concession-granting authority shall make available, in an open and freely re-usable format, the essential data of the concession contract, subject to the provisions of article L. 3122-3 and with the exception of information the disclosure of which would be contrary to public policy.

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Article L3131-2 of the French Public procurement code

When the management of a public service is conceded, the concessionaire shall provide the conceding authority, in electronic format, in a freely reusable open standard that can be used by an automated processing system, with the data and databases collected or produced during the operation of the public service that is the subject of the contract and that are essential to its performance. For concession contracts for which a consultation…

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Article L3131-3 of the French Public procurement code

When the concession contract is signed or during its performance, the concessionaire may be exempted from all or some of the obligations set out in article L. 3131-2 by a reasoned decision of the concession-granting authority, based on reasons of general interest and made public.

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Article L3131-4 of the French Public procurement code

The granting authority or a third party designated by it may freely extract and exploit all or part of these data and databases, in particular with a view to making them available free of charge for re-use free of charge or against payment. The data and databases provided by the concessionaire are made available or published in compliance with articles L. 311-5 to L. 311-7 of the code des relations…

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Article L3131-5 of the French Public procurement code

Each year, the concessionaire produces a report including, in particular, accounts showing all operations relating to the performance of the concession contract and an analysis of the quality of the works or services. When the management of a public service is concessioned, including in the case provided for in article L. 1121-4, this report also enables the concession-granting authorities to assess the conditions under which the public service is provided.

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