For the purpose of calculating the amount of the amendment referred to in article R. 3135-2, the updated amount of the initial concession contract is the reference amount if the concession contract includes an indexation clause. Otherwise, the discounted amount of the initial concession contract is calculated taking into account average inflation.
The concession contract may be amended when the amendment is made necessary by circumstances that a diligent granting authority could not have foreseen. In this case, the provisions of articles R. 3135-3 and R. 3135-4 apply.
The concession contract may be amended when a new concessionaire replaces the concessionaire to whom the concession-granting authority initially awarded the concession contract, in one of the following cases: 1° In application of a review clause or an option defined in article R. 3135-1; 2° In the case of a transfer of the concession contract, following restructuring operations by the initial concessionaire. The new concessionaire must prove that it has…
The concession contract may be amended without a new competitive tendering procedure if the changes, whatever their amount, are not substantial. For the purposes of Article L. 3135-1, an amendment is deemed to be substantial when at least one of the following conditions is met: 1° It introduces conditions which, if they had been included in the initial award procedure, would have attracted more participants or allowed the admission of…
The concession contract may be amended when the amount of the amendment is less than the European threshold set out in the notice annexed to this code and less than 10% of the amount of the initial concession contract, without it being necessary to check whether the conditions set out in article R. 3135-7 have been met. The provisions of article R. 3135-4 are applicable to the case of modification…
When several successive modifications covered by article R. 3135-8 are made, the conceding authority takes into account their cumulative amount.
For concession contracts not covered by Chapter VI of Title II of this Book, the conceding authority publishes a notice of modification of the concession contract in the cases provided for in Articles R. 3135-2 and R. 3135-5. This notice is published in the Official Journal of the European Union under the conditions set out in Articles R. 3122-4 to R. 3122-6, in accordance with the model set out in…
Without prejudice to special regulatory provisions, pursuant to Article L. 3200-1, the concession contracts mentioned in Articles L. 3211-1 to L. 3215-1 are subject to the special legal regime defined in this Title.
For the application of article L. 3214-1, the conceding authority publishes an award notice when the following cumulative conditions are met: 1° The estimated value of the concession contract is equal to or greater than the threshold mentioned in a notice annexed to this code; 2° The sectoral legislation of the European Union does not provide for transparency obligations for the award of this contract.
The concession contracts mentioned in articles L. 3211-1 to L. 3215-1 are subject to the rules relating to payment periods set out in section 2 of chapter III of title III of book I and in article R. 3114-4.
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is a Registered Trademark of
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75001, Paris France
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