Concession contract

A contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities within the meaning of Articles 177 and 181, in order to entrust the execution of works or the provision and management of services to an economic operator (the ‘concession’), and where: (a) the remuneration consists either solely in the right to exploit the works or services or in that right together with payment; (b) the award of the concession contract involves the transfer to the concessionaire of an operating risk in exploiting those works or services encompassing demand risk or supply risk, or both. The concessionaire shall be deemed to assume an operating risk where, under normal operating conditions, there is no guarantee of recouping the investments made or the costs incurred in operating the works or the services concerned.