Public Procurement ActCommission proposal · COM(2026) 590 final · 2026/0265 (COD)
EN

Article 116Mixed concession contracts

1.In addition to Articles 86 and 87, the applicable legal regime for contracts containing elements of concessions and of other public contracts (‘mixed concession contracts’) shall be determined in accordance with paragraphs 2 and 3 of this Article.

2.Where the different parts of a mixed concession contract are objectively separable, but are not procured separately by the public buyer, the mixed concession contract shall be awarded in accordance with Part III.

3.Where the different parts of a mixed concession contract are objectively not separable, the applicable legal regime shall be determined on the basis of the main subject-matter of that contract. Where such a contract contains elements of a services concession and of a supply contract, the main subject-matter of that contract shall be determined in accordance with the higher of the estimated values of the respective services or supplies.

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