A new Concessions Act was promulgated in the State Gazette, issue 96, dated 1 December 2017, which will enter into force as of 1 January 2018. The rules regulating the National Concessions Register will enter into force as of 31 January 2019.
The new act repeals the currently effective Concessions Act and the Public Private Partnership Act and transposes Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
The concessions for extraction of underground resources will continue to be awarded entirely pursuant to the Underground Resources Act, while the terms for the award of mineral water extraction concessions will be set out in an ordinance to be adopted by the Council of Ministers on the grounds of the Waters Act.
Due to the exhaustive regulation of the concessions rules by the Act, no rules for the implementation of the latter will be adopted. However, two ordinances are expected to be adopted by the Council of Minsters not later than 30 June 2018 – one on the financial and economic elements of concessions and another one on the terms for implementation of monitoring, management and control.
The Act retains a part of the currently effective rules on the award, appeal and implementation of concessions but also introduces a number of significant changes, some of which are listed below:
The act also introduces amendments to a number of other acts such as the Waters Act, the Civil Aviation Act, the State Ownership Act, the Municipal Ownership Act, the Underground Resources Act and others.
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