Section 1: Quasi-regulation

Concession contracts concluded by a contracting authority, including where it is acting as a contracting entity, with a legal person governed by public or private law are subject to the rules set out in Title II where the following conditions are met: 1° The contracting authority exercises over the legal entity concerned a control similar to that which it exercises over its own departments; 2° The controlled legal entity carries…

Concession contracts concluded by a controlled legal entity which is a contracting authority, including when it acts as a contracting entity, with: 1° Either the contracting authority which controls it, including when this control is exercised jointly with other contracting authorities, under the conditions laid down in article L. 3211-3; 2° Or another legal entity controlled by the same contracting authority, provided that the legal entity to which the concession…

Concession contracts concluded by a contracting authority, including one acting as a contracting entity, which does not exercise control over a legal person under the conditions laid down in Article L. 3211-1, when the following conditions are met: 1° The contracting authority exercises over the legal person concerned, jointly with other contracting authorities, including when they are acting as a contracting entity, a control similar to that which they exercise…

Contracting authorities shall be deemed to exercise joint control over a legal person where the following conditions are met :1° The decision-making bodies of the controlled legal person are composed of representatives of all the participating contracting authorities, and the same person may represent several or all of the participating contracting authorities;2° These contracting authorities are in a position jointly to exercise decisive influence over the strategic objectives and important…

The percentage of activity referred to in this section shall be determined by taking into account the average total turnover or any other appropriate activity-based parameter, such as costs incurred, over the three accounting periods preceding the award of the concession contract.Where these elements are not available or are no longer relevant, the percentage of activity shall be determined on the basis of a realistic estimate.