A concession contract is a contract by which one or more conceding authorities subject to this code entrust the execution of works or the management of a service to one or more economic operators, to whom is transferred a risk linked to the operation of the work or service, in exchange either for the right to operate the work or service which is the subject of the contract, or for this right together with a price.
The share of risk transferred to the concessionaire implies real exposure to the vagaries of the market, so that any potential loss borne by the concessionaire must not be purely theoretical or negligible. The operator assumes the operating risk when, under normal operating conditions, it cannot be sure of recovering the investments or costs it has incurred in operating the facility or service.