Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts Text with EEA relevance

These services are not covered by the present Directive where they are organised as non-economic services of general interest. Member States are free to organise the provision of compulsory social services or of other services as services of general interest or as non-economic services of general interest.

ANNEX V

INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31

• 1.Name, identification number (where provided for in national legislation), address, including NUTS code, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained.

• 2.Type of contracting authority or entity and main activity exercised.

• 3.If the applications are to contain tenders, e-mail or internet address at which the concession documents will be available for unrestricted and full direct access, free of charge. Where unrestricted and full direct access, free of charge, is not available in the cases referred to in Article 34(2) an indication of how the procurement documents can be accessed.

• 4.Description of the concession: nature and extent of works, nature and extent of services, order of magnitude or indicative value and, where possible, duration of the contract. Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options.

• 5.CPV codes. Where the concession is divided into lots, this information shall be provided for each lot.

• 6.NUTS code for the main location of works in case of works concessions or NUTS code for the main place of performance service concessions; where the concession is divided into lots, this information shall be provided for each lot.

• 7.Conditions for participation, including:

• (a) where appropriate, indication whether the concession is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes;

• (b) where appropriate, indication whether the provision of the service is reserved by law, regulation or administrative provision to a particular profession; reference to the relevant law, regulation or administrative provision;

• (c) a list and brief description of selection criteria where applicable; minimum level(s) of standards possibly required; indication of required information (self-declarations, documentation).

• 8.Time limit for the submission of applications or receipt of tenders.

• 9.Criteria which will be applied in the award of the concession where they do not appear in other concession documents.

• 10.Date of dispatch of the notice.

• 11.Name and address of the body responsible for appeal and, where appropriate, mediation procedures. Precise information concerning the deadline for lodging appeals or, if need be, the name, address, telephone number, fax number and e-mail address of the service from which this information may be obtained.

• 12.Where appropriate, particular conditions to which performance of the concession is subject.

• 13.Address where applications or tenders shall be transmitted.

• 14.Where appropriate, indication of requirements and conditions related to the use of electronic means of communication.

• 15.Information as to whether the concession is related to a project and/or programme financed by Union funds.

• 16.For works concessions, indication as to whether the concession is covered by the GPA.

ANNEX VI

INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)

• 1. Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, e-mail and internet address of the contracting authority or contracting entity and, where different, of the service from which additional information may be obtained.

• 1. Where appropriate, e-mail or internet address at which the specifications and any supporting documents will be available.

• 1. Type of contracting authority or contracting entity and main activity exercised.

• 1. CPV codes; where the contract is divided into lots, this information shall be provided for each lot.

• 1. NUTS code for the main place of delivery or performance of service concessions.

• 1. Description of the services, indicative order of magnitude or value.

• 1. Conditions for participation.

• 1. Where applicable, time limit(s) for contacting the contracting authority or contracting entity in view of participation.

• 1. Where applicable, brief description of the main features of the award procedure to be applied.

• 1. Any other relevant information.

ANNEX VII

INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32

• 1.Name, identification number (where provided for in national legislation), address including NUTS code and, where appropriate, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained.

• 2.Type of contracting authority or entity and main activity exercised.

• 3.CPV codes.

• 4.NUTS code for the main location of works in case of works concessions or NUTS code for the main place of performance in case of service concessions;

• 5.Description of the concession: nature and extent of works, nature and extent of services, duration of the contract. Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options.

• 6.Description of award procedure used, in the case of award without prior publication, justification.

• 7.Criteria referred to in Article 41 which were used for award of the concession or concessions.

• 8.Date of concession award decision or decisions.

• 9.Number of tenders received with respect of each award, including:

• (a) number of tenders received from economic operators which are small and medium enterprises;

• (b) number of tenders received from abroad;

• (c) number of tenders received electronically.

• 10.For each award, name, address including NUTS code and, where applicable, telephone, fax number, e-mail address and internet address of the successful tenderer(s) including:

• (a) information whether the successful tenderer is small and medium enterprise;

• (b) information whether the concession was awarded to a consortium.

• 11.Value and main financial terms of the awarded concession, including:

• (a) fees prices and fines if any;

• (b) prizes and payments if any;

• (c) any other details relevant to the value of the concession as laid down in Article 8(3).

• 12.Information whether the concession is related to a project and/or programme financed by Union funds.

• 13.Name and address of the body responsible for review and, where appropriate, mediation procedures. Precise information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number and e-mail address of the service from which this information may be obtained.

• 14.Date(s) and reference(s) of previous publications in the Official Journal of the European Union relevant to the concession(s) advertised in this notice.

• 15.Date of dispatch of the notice.

• 16.Method used to calculate the estimated value of the concession, if not specified in other concession documents in accordance with Article 8.

• 17.Any other relevant information.

ANNEX VIII

INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32

• 1.Name, identification number (where provided for in national legislation), address including NUTS code, where applicable, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained.

• 2.Type of contracting authority or entity and main activity exercised.

• 3.CPV codes; where the contract is divided into lots, this information shall be provided for each lot.

• 4.Summary indication of the subject of the concession.

• 5.Number of tenders received.

• 6.Value of the successful tender, including fees and prices.

• 7.Name and address including NUTS code, telephone, fax number, e-mail address and internet address of the successful economic operator(s).

• 8.Any other relevant information.

ANNEX IX

FEATURES CONCERNING PUBLICATION

1. Publication of notices

The notices referred to in Articles 31 and 32 shall be sent by the contracting authorities or contracting entities to the Publications Office of the European Union and published in accordance with the following rules:

Notices referred to in Articles 31 and 32 shall be published by the Publications Office of the European Union

The Publications Office of the European Union shall give the contracting authority or entity the confirmation referred to in Article 33(2).

2. Format and procedures for sending notices electronically

The format and procedure for sending notices electronically as established by the Commission are made accessible at the internet address ‘http://simap.europa.eu’

ANNEX X

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise;

ILO Convention 98 on the Right to Organise and Collective Bargaining;

ILO Convention 29 on Forced Labour;

ILO Convention 105 on the Abolition of Forced Labour;

ILO Convention 138 on Minimum Age;

ILO Convention 111 on Discrimination (Employment and Occupation);

ILO Convention 100 on Equal Remuneration;

ILO Convention 182 on Worst Forms of Child Labour;

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer;

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention);

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention);

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEP/FAO) (PIC Convention) and its 3 regional Protocols.

ANNEX XI

INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43

• 1.Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, e-mail and internet address of the contracting authority or entity and, where different, of the service from which additional information may be obtained.

• 2.CPV codes.

• 3.NUTS code for the main location of works in case of works concessions or NUTS code for the main place of performance in service concessions.

• 4.Description of the concession before and after the modification: nature and extent of the works, nature and extent of services.

• 5.Where applicable, modification of value of the concession, including increase in prices or fees caused by the modification.

• 6.Description of the circumstances which have rendered necessary the modification.

• 7.Date of concession award decision.

• 8.Where applicable, the name, address including NUTS code telephone, fax number, e-mail address and internet address of the new economic operator or operators.

• 9.Information whether the concession is related to a project and/or programme financed by Union funds.

• 10.Name and address of the body responsible for review and, where appropriate, mediation procedures. Precise information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number and e-mail address of the service from which this information may be obtained.

• 11.Date(s) and reference(s) of previous publications in the Official Journal of the European Union relevant to the contract(s) concerned by this notice.

• 12.Date of dispatch of the notice.

• 13.Any other relevant information.

[^E0001]: Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

[^E0002]: Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement (see page 65 of this Official Journal).

[^E0003]: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).

[^E0004]: Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

[^E0005]: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17).

[^E0006]: Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).

[^E0007]: Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).

[^E0008]: Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) (OJ L 340, 16.12.2002, p. 1).

[^E0009]: Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).

[^E0010]: OJ C 195, 25.6.1997, p. 1.

[^E0011]: Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54).

[^E0012]: OJ C 316, 27.11.1995, p. 48.

[^E0013]: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).

[^E0014]: Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

[^E0015]: Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

[^E0016]: Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement (OJ L 94, 28.3.2014, p. 65).

[^E0017]: Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1).’;

[^E0018]: Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors (OJ L 94, 28.3.2014, p. 243).

[^E0019]: Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concessions contract (OJ L 94, 28.3.2014, p. 1).’;

[^E0020]: Council Decision 71/306/EEC of 26 July 1971 setting up an Advisory Committee for Public Works Contracts (OJ L 185, 16.8.1971, p. 15).