Abstract

The new Concessions Directive forces out many changes in national regulations concerning the procedure of granting concessions for construction works or services, although its framework nature leaves a considerable margin of regulatory freedom to Member States. In particular, the article stresses the need to observe the basic rules of awarding concessions: transparency, equal treatment, non-discrimination, competitiveness and proportionality. As regards the requirements of the concessioning procedure itself of paramount importance are the minimum conditions concerning notices, requirements towards competitors, the course of negotiations (dialogue), tendering procedure and concession award criteria. Several dispositions refer to the execution of a concession agreement, in particular limitations as regards permissible modifications thereof. A standard model of practical preparation and conduct of the concession award procedure involves taking into account achievements in several areas, primarily in the field of economics, such as process and quality management.