THE COMMITTEE OF THE REGIONS

- notes that the current rules on concessions consist of case-law and national legislation. Given that some concessions may have an impact on the internal market, it would be desirable to clarify the rules and foster a single interpretation and a single approach. The Committee therefore believes it legitimate to consider a regulation in this area;
- therefore considers it important that contracting authorities and Member States remain free to choose the instrument under which they wish to carry out their tasks. Licences, including operating licences issued in limited quantities, must remain outside the scope of the directive. This also applies to the simple financing of an activity, which is often linked to an obligation to repay the amounts received if they are not used for the purposes intended;
- recommends that the arrangements for awarding concessions be further clarified. A balance needs to be struck between clarifying, for example, both the way in which the contract is published and its deadlines, on the one hand, and the leeway available to the contracting authorities regarding the criteria they wish to apply on the other. This clarity provides a point of reference for the contracting authorities and creates the desired uniformity in the way Member States apply the rules. The leeway demonstrates respect for the contracting authorities' knowledge of their concessions and acknowledges the autonomy of the Member States. Contracting authorities should have ample scope for selecting socially-minded and sustainable criteria;
- believes that this proposal must show due regard for the subsidiarity principle: local and regional authorities should remain free to choose whether they will carry out works and services themselves or outsource them to third parties. When local and regional authorities decide to sub-contract these tasks, they must be free to choose the appropriate legal instrument themselves: a licence, a public procurement contract or a concession.