Level of alignment of PPPs/concessions legislation for contracts above EU thresholds with the EU Directives
The legislative framework for PPPs/concessions procedures for works and services is in place
Review of legislation.
The definition of contracting authorities and contracting entities is aligned with EU Directive 2014/23
Review of legislation.
The definition of works and services concession is aligned with EU Directive 2014/23, including the transfer of operating risk to the concessionaire
Review of legislation to verify that the definition of works and services concession is aligned with EU Directive 2014/23, including the transfer of operating risk to the concessionaire. The definition of works and services concession is provided in Article 5(1) of the EU Directive 2014/23.
The list of exclusions does not exceed the permitted exclusions in EU Directive 2014/23
Review of legislation.
The contracting authority is obliged by law to use competitive procedures (launched by a notice) for PPP/concessions awards
Review of legislation.
The law requires contracting authorities to publish concession notices in all cases, except those explicitly stated in the EU Directive 2014/23
Review of legislation.
The contracting authority is obliged by law to inform each candidate and tenderer of decisions reached, including the grounds for any decision
Review of legislation.
The law obliges contracting authorities to prevent, detect, and address conflicts of interest
Review of legislation.
The legal framework regulates the preparation of technical specifications, the formulation of the grounds for exclusion, the selection and award criteria
Review of legislation.
PPPs/concessions contracts during their term may only be modified without a new award procedure in line with the EU Directive 2014/23
Review of legislation to verify that PPPs/concessions contracts during their term may only be modified without a new award procedure in line with the EU Directive 2014/23. The modification of concessions contracts during their term is regulated in Article 43 of EU Directive 2014/23.