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Article 23 — Concessions covering both activities referred to in Annex II and activities involving defence or security aspects

DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on the award of concession contracts (Text with EEA relevance) · European Union

1. In the case of contracts intended to cover several activities, contracting entities may choose to award separate contracts for the purposes of each separate activity or to award a single contract. Where contracting entities choose to award separate contracts for separate parts, the decision of which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the separate activity concerned. Notwithstanding Article 21, where contracting entities choose to award a single contract, paragraph 2 of this Article shall apply. The choice between awarding a single contract or awarding a number of separate contracts shall not, however, be made with the objective of excluding the contract or contracts from the scope of application either of this Directive or Directive 2009/81/EC. 2. In the case of contracts intended to cover an activity which is subject to this Directive and another which is: (a) covered by Article 346 TFEU; or (b) subject to Directive 2009/81/EC, the contracting entity may: (i) award a contract without applying this Directive in the cases set out under point (a); or (ii) award a contract either in accordance with this Directive or in accordance with Directive 2009/81/EC, in the cases set out under point (b). The first subparagraph of this paragraph is without prejudice to the thresholds and exclusions provided for by Directive 2009/81/EC. Contracts referred to in point (b), which also include procurement or other elements which are covered by Article 346 TFEU, may be awarded without applying this Directive. However, it shall be a condition for the application of this paragraph that the award of a single contract is justified for objective reasons and the decision to award a single contract is not taken for the purpose of excluding contracts from the application of this Directive.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04