Nouvelles règles de passation et d'exécution des contrats de concession

New rules for the award and execution of concession contracts

by gmorales on April 15, 2016 | Category: Public service delegations
Nouvelles règles de passation et d'exécution des contrats de concession Nouvelles règles de passation et d'exécution des contrats de concession

Nouvelles règles de passation et d'exécution des contrats de concession New rules for the award and execution of concession contracts

1- Directive 2014/23 / EU of 26 February 2014 clarified and simplified at Community level the rules applicable to works concession contracts but also to service concession contracts for the management of a public service.

2- Order No. 2016-65 of January 29, 2016 relating to the concession contract has transposed Directive 2014/23 / EU into French law and for the first time introduces a unified legal framework for these different types of contracts.

The harmonization of the rules applicable to the concession contracts in question increases the legal certainty of the procedures. The duality of the internal legal regimes relating to works concessions and public service delegations, respectively subject to the ordinance n ° 2009-864 of July 15th, 2009 relative to the contracts of concession of public works and the law is put an end to No. 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life and public procedures. From now on, the rules are unified and clarified.

As in the field of public procurement, public authorities are explicitly empowered to promote the strategic use of public procurement as a policy lever for employment, innovation and sustainable development. The licensing authority is authorized to impose, in concessional contracts, the recourse, for the execution of part of the works and services, to small and medium-sized enterprises (SMEs), which will favor their access to the public order. Licensing authorities are also allowed to reserve their contracts to disabled or disadvantaged workers.

The transparency of the concessional practices is reinforced by the implementation of an open data approach on the essential data of the concessions.

3- Decree 2016-86 of February 1, 2016 relating to concession contracts provides for the application of Order No. 2016-65 of January 29, 2016

4- The order of 21 March 2016 fixing the model notice for the awarding of concession contracts determines, in Article 1, the minimum mandatory content of the concession notice for concession contracts falling under Article 10 of Decree No 2016-86 of 1 February 2016 on concession contracts, with the exception of contracts falling within the scope of paragraph 2 of Article 10, the estimated value of which is equal to or higher than the European threshold.

For concession contracts whose estimated value is below the European threshold or whose purpose is, irrespective of their estimated value, the operation of passenger transport services or the provision, operation or supply of fixed networks intended to provide a service to the public in the field of the production, transport or distribution of drinking water, the licensing authority is not required to complete all the headings of the European model laid down in the Regulation the European Commission. Only the items mentioned in Article 1 of this decree are mandatory.

On the other hand, for concession contracts for one of the social services or other specific service, the list of which is published in the Official Journal of the French Republic, the estimated value of which is equal to or greater than the European threshold, the opinion of the concession must conform to the aforementioned European model. The decree also provides, in Article 2, for lighter content for supplementary opinions published at national level.