The 2014 Concessions Directive established the EU legal framework for the award of concession contracts in the EU Member States and EEA countries.
The Directive sets out the EU rules for procurement by public sector contracting authorities and by contracting entities in the utilities sector by means of a concession.
To evaluate the functioning of the Directive, LE Europe and Spark mapped the existing situation and provided a solid overview and understanding of how the Concessions Directive is currently applied and used in the Member States and the EEA countries.
On the legal side, Spark investigated the challenges with the definitions of concessions in the countries’ legal systems as well as the position of concessions under the Concessions Directive vis-à-vis other types of public-private partnership.
In addition, in terms of scope of application, the Study compares the pre- and post-Directive situations investigating whether there have been considerable changes in the use of concessions since the adoption of the Directive and whether the Directive contributed to the uptake of concession contracts in new areas that previously made recourse to other instruments.
The full Study on the implementation of the Concessions Directive can be found here.