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News article28 July 2023

Reviewing the functioning of the Concession Directive: main findings published in EC report


Today the European Commission published its report on the functioning of Directive 2014/23/EU on the award of concession contracts and on the impact on the internal market of the exclusions set out in Article 12. 

Directive 2014/23/EU3 on the award of concession contracts (hereinafter the “Directive”) was adopted to address the absence of a coherent, all-encompassing EU-level framework for concessions. The aim of the Directive is to provide a clear legal framework that promotes the use of concessions while improving market access for businesses by ensuring transparency and fairness in award procedures. The fourth paragraph of Article 53 of the Directive mandates the Commission to “review the functioning of this Directive and […] to report to the European Parliament and to the Council”, while the third paragraph of that Article requires the Commission to “assess the economic effects on the internal market of the exclusion [of the water sector]” from the scope of the Directive. This Report presents the main findings of that review and assessment. It draws on information from the Commission Staff Working Document on the application of the Directive (“Commission Staff Working Document”), which is to be read in conjunction with this Report.

The full report is available as a Resource on this platform.